Being taken advantage of

[Molly Ash]

My mother and father have been divorced for over 30 years.  In the divorce, my mother was allowed to stay in the house with no end date.  My father was required to make all payments, carry the insurance and pay property taxes.  The house is paid for at this time.  Both names are on the deed.  My parents are both 72 and my father now wants my mother to buy the house.  He said when he dies the house will be on the market the next day.  Nothing in the divorce papers indicates what will happen to the house if the other passes away.  My father is remarried and owns a home with his now wife.  Of course I have told my mother not to buy a house at the age of 72.  I guess my question is, since my mother's name is on the deed would she be entitled the house if he passes away.  We are in the state of Ohio.  Any suggestions on what we should do or what the process would be?  Thanks in advance

[Jon Holdman]

You probably want to discuss the situation with an attorney who's knowledgeable about both real estate and divorce.

For one, this should have been addressed in the divorce decree.  That is, ownership should have been resolved.  If not, they both own it 50/50.  So, each would be entitled to 50% of the sales proceeds if its sold.  Your father may be able to force a sale, if he really owns half.

I fully agree with not buying a house at 72.  But if she owns only half of the house she may have to make some alternative plan.  Perhaps a sale with her using her half of the proceeds to buy a smaller place.  She really needs a long term plan, if she only owns a share of this property and you're father is wanting to sell it.

If he dies, any ownership interest he has in the property will go to his heirs.  If he has a will, it should cover this.  If not, it would be based on state law.  Typically that's 100% to the spouse, if there is one.  If not, its distributed among the descendents.  His half of the ownership would not be transferred to your mom, unless that's what his will states.  Given what you say, his new wife would most likely be half owner of the property.

Again, may be time to see an attorney.