Lending services provided by Rocket Mortgage, LLC, a subsidiary of Rocket Companies, Inc. (NYSE: RKT). Accordingly, the house will be put on the market and sold for fair market value; the proceeds will then be equitably distributed. information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you. Generally, these rules apply no matter whose name is on the title document to a particular piece of property. If I've already filed for primary custody for my child and don't want to send her back to the unstable condition with her mother, will I be charged with kidnap if I don't send her? Any of these terms can be used to describe real property. Right-of-way is a type of easement that allows someone to travel across another person's land to get somewhere else. Idaho Water Rights Idaho's water system includes 3.3 million acresof irrigated land, with 50 administrative basins that oversee water management within each region. This process can be voluntary or court-ordered, depending on how well everyone is getting along. Owners A and B are co-tenants, each owning a 50% interest in the property. Learn more about the difference between separate property and marital property in divorce. Nothing on FreeAdvice.com constitutes legal advice and all content is provided for informational purposes only. This legal term refers to the division of real property among joint owners. When it comes to owning property, there's no shortage of ways to define it and achieve it. Your home is equally shared between you, fifty-fifty no matter how it's titled. As one example, unmarried couples may be good candidates for a tenancy in common. It is only valid if the couple remains married. A: Although you have a right to sell your 75% interest in the whole, if you wish, you cannot force a sale of the entire property. A previous court case has held that in the absence of any agreement to the contrary, any co-owner can demand partition (subdivision with boundaries) of the common property at any time. IMPORTANT NOTICE: The Answer(s) provided above are for general information only. Still, there are some drawbacks as well. Life estate deeds designate a "remainderman" to inherit real estate in this way, and transfer-on-death or beneficiary deeds also have designated beneficiaries for real estate. anything you owned before you got married, gifts (as long as they were given to you only, not to both you and your spouse), and. Which states have motorcycle helmet laws? Who inherits probate assets depends on whether the owner has left a last will and testament. If that doesnt solve the problem, you can opt to file a civil suit against the offender. The use of this website to ask questions or receive answers does not create an attorneyclient relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. In such an action, the property will be ordered to be divided if possible. Find the right lawyer for your legal issue. In Community Property States. You might not have a right to bequeath an asset at all in some cases, such as if you hold title to a property jointly with right of survivorship. If you have the money to hire a handyman for every household woe, go ahead. The default rule for co-ownership is tenancy in common. Partition in kind, referring to the actual, physical division of the property; or. Property Law, Personal Injury You can change this only by giving up your rights in the home. Most often, this percentage of ownership is determined by how much each owner contributes to the purchase of the property. This is referred to as the right to survivorship. LegalMatch, Market In some states, the information on this website may be considered a lawyer referral service. Joint ownership of real property can be categorized as the three most common types of ownership: Tenancy in common distributes the shares of property according to how much each person contributed to the purchase of the property. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. Although you have a right to sell your 75% interest in the whole, if you wish, you cannot force a sale of the entire property. Property is either a probate asset or a non-probate asset, depending on how it is held. Can I keep non owners off the property who have permission from a 25% owner? Law, Products Several community property states offer a way of holding title to community property that avoids probate when one spouse dies. Born and raised on a farm in the Ozarks, Patrick has a knack for making the best out of the worst situations. Living in a community property state doesn't mean that a married person can't own their own property. ", Cornell Law School Legal Information Institute. If partition is not possible or would bring about some complications, the parties can apply to court for an order for the sale of the property and the consequent division of the proceeds between the co-owners half and half. This right is slightly different than it sounds. What this means is that unlike a joint tenancy, a tenancy in common is freely transferable. Readers may submit questions to Property24s Guest Expert panel. Accordingly, the house will be put on the market and sold for fair market value; the proceeds will then be equitably distributed. If one owner sells, the tenancy is converted to a tenancy in common. In this scenario, you own the land, but the owner of the neighboring property has been granted right to pass through your property. Travis earned his J.D. Mineral rights apply to anything that exists underneath the surface. When we moved into the property, we decided that we would have our own rooms and rent out the remaining rooms. 34.77.01034.77.995 (2022). Tenancy by the Entirety A joint owner's legal rights and obligations will depend on the type of co-ownership they choose. In Idaho, a water right is governed by the doctrine of prior appropriation, and are treated as "real property rights." "Fee Simple. Stat. ", IRS. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site. It is important to note that not all states recognized tenancy by the entirety, and states that do may or may not provide recognition for married same-sex couples. We strive to help you make confident insurance and legal decisions. You can deed your house to your child in your will, or you can decide to rent it out. Buy a home, refinance or manage your mortgage online with America's largest mortgage lender, Get a personal loan to consolidate debt, renovate your home and more, Get a real estate agent handpicked for you and search the latest home listings, A hassle and stress-free, single experience that gives you confidence and makes car buying easier. Which of Your Assets Are Subject to Probate? If each of you owned one-half, the answer would be the same. Disclosure: BobVila.com participates in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for publishers to earn fees by linking to Amazon.com and affiliated sites. In South Dakota, as outlined in S.D. New property valuation notice received? Tenancy by the entirety" is a special type of joint ownership with right of survivorship between married couples. Title by contract also includes life insurance policies that have designated beneficiaries, as well as retirement accounts such as IRAs, 401(k)s, and annuities. This is in Pennsylvania. Another term commonly used to refer to real property would be premises.. A sale of the property, judicially ordered, when partition in kind would not be possible or would not be fair and equitable. You can learn more by reading Plan Your Estate by Denis Clifford (Nolo). Now what? You can also give us a call at (833) 326-6018. Cornell Law School Legal Information Institute. Lawyers, Answer Questions & Get Points The co-owners have a legal right to it when a joint owner dies. For example, one owner could own 50% of the property, another 25%, another 10%, and so on. These rights are different from those of mobile home owners who do not live in a mobile home park. "The owner of a $425,000 home, the median-priced residence in Evanston, will likely pay about $450 more in property taxes in 2023 than they did in 2022, representing an increase of a little more than 4%, according to an Evanston RoundTable analysis of local tax levies for 2023 that have just been made final. It can be offered to one person, several people, or the public. If neither wants to buy the other out, the court will order either a public auction or the listing of the property with a realtor. At that point, either of you could request a partition. When one owner dies, their shares of the property are passed on to their surviving heirs. What Happens to a Bank Account When Someone Dies? You may, for instance, hold meetings and host barbecues, but you may not do unlawful things, such as selling illegal drugs. Somer G. Anderson is CPA, doctor of accounting, and an accounting and finance professor who has been working in the accounting and finance industries for more than 20 years. If you'd rather divide your property among several beneficiaries, you'll need to know what's yours to leave. "Publication 555, Community Property. Speak with an attorney if you have any questions. "Tenancy in Common. An attorney can also represent you in court, as needed, should any legal disputes arise. Tenants in Common: a form of co-ownership where property is owned by two or more persons at the same time. Interested in buying a shared investment property? Different people involved can own different shares of the property. Travis has written about numerous legal topics ranging from articles tracking every Supreme Court decision in Texas to the law of virtual reality. 16 people have successfully posted their cases, 5 people have successfully posted their cases, 10 people have successfully posted their cases, 6 people have successfully posted their cases, 20 people have successfully posted their cases, 7 people have successfully posted their cases, 9 people have successfully posted their cases, Can't find your category? If one person tends to pay for these expenses using their own money, they should always be reimbursed from the other tenants. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. This refers to equal or unequal undivided ownership between two or more people. Sometimes people enter into a joint ownership agreement as a way to afford a property they could not otherwise buy. If youre looking to make a home purchase anytime soon, get preapproved today! Copyright 2023 Acton Media Inc. All rights reserved. your case, Requesting a Public Street or Easement Vacation, Intentional Interference with Property Rights. Yes, and it can happen in a number of ways. In Alaska, spouses can opt in by creating a community property agreement that states all (or some) property and income acquired by the spouses during the marriage is considered community property. Words in the deed such as "Bill, a single man" establish title as sole ownership. If youre looking to make a home purchase anytime soon. If not (such as in the case of a single family residence), the court will instead order a \"sale in lieu of partition\". Joint tenancy is a legal term for an arrangement that defines the ownership interests and rights among two or more co-owners of real property. So nobody would say: I'm going to exclusively use only the engine and the front seats", whilst the other co-owner would be restricted to the back seats and the boot. Go over each one of your assets, and take note of who owns what and who the designated beneficiary is, if applicable. The rules are different when you live in one of the states that use the "community property" system of property ownership in marriage. Lismore resident Susan Conroy peers out from her lounge room, which lies in ruins one year after Lismore's worst flood. Log In. There is no guaranteewe will be able to answer a question, but all will be considered, and those selected will be published as a Q&A article like this one. In this article, well explore what tenancy in common means, how it works and whether its right for you. Joint Tenants With Rights of Survivorship. When hes not writing for Rocket Mortgage, Patrick likes hiking, gardening, reading and making healthy foods taste like unhealthy foods. What are the responsibilities of tenants in common? Non-probate assets don't have to go through the court-supervised probate process after the owner dies, because there's already a means in place to move the asset from the ownership of the deceased to living individuals. Peggy James is an expert in accounting, corporate finance, and personal finance. 1. (6.24%) My stepson moved a mobile home on the property in mid 2007. Thanks to the right of exclusion, you have the right to determine who may enter your property and who may not. Each co-owner has the right to use and possess the entire property; Each co-tenant owns a certain share of the property as their own; Co-owners may hold unequal ownership shares; and. The four most common types of property ownership are tenancy in severalty, tenancy in common, joint tenancy and tenancy by the entirety. "}}]}, Asked on July 31, 2018 under Real Estate Law, North Dakota. Sole ownership means that a property is owned by one person in their individual name and without any transfer-on-death designation. (this may not be the same place you live), Faulty/Defective Products/Services (Auto, Drug), Investments (Annuities, Securities, IPOs), Online Law Last 30 Days. What Is Tenancy In Common In Real Estate? In cities, mineral rights are rarely addressed, because even if you own them, local ordinances probably prohibit drilling in your yard. "Understanding How Property Ownership Affects Your Estate Plan (part 2 of 2). All rights reserved. ","acceptedAnswer":{"@type":"Answer","text":"Whether or not an owner has not paid for or performed any maintenance or repair of thier property, they share all the same rights as the has owner who has done so. This means that one of the married partners cannot pass their "share" to anyone outside the marriage. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be You might also see this referred to as sole ownership. They aren't allowed to occupy the land, only to access it for a specific purpose. You will obviously need to consult with a lawyer to sort all this out and move forward, and you will need to be prepared for a rather costly and time consuming experience. And in California, that . Many people assume that as a couple, both names are listed on both documents as 50/50 owners, but they don't have to be. Generally. In such an action,the property will be ordered to be divided if possible. I have two kids with him and one from a previous relationship. Probate would be necessary to transfer the asset. If one co-owner keeps another off of the property, then the one who does live there must pay rent for the use of the property. It appears that, if something is to be done with the whole of the property, it must be by mutual agreement. The law provides the remedy of "parition". "Right of Survivorship. As is mentioned, they decided or agreed that they would each have their own rooms and they would rent out the remaining rooms. When one of them dies, that spouse's half of the community property goes to the surviving spouse unless there is a valid will that directs otherwise. 1Based on Rocket Mortgage data in comparison to public data records. All tenants are equally liable for debts and. An example of this would be if an unmarried couple is living together in a home. Unless otherwise stipulated, co-ownership does not automatically entitle either party to have exclusive use to any physical part of the property, bounded by any boundary or physical barrier. If the land can't be divided, whether because of the way the land is laid out or if there is a house on a part of it, etc., the court will first hold an auction where each of you has the right to buy out the other for fair value. For example, a previous owner of your house could have granted a neighbor an easement to put a driveway across his property. Can the other person force me to sell or can I stay in the home if they own the other 50% have not done anything or been part of the home. Their share of the property will go to their heirs. Co-tenants are "undivided," in the eyes of many states. Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. The answer to your question, however, does not depend on the fact that you own more than 50%. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Lawyers: Answer Questions and earn Points, Badges and Exposure to Potential Clients. Law enforcement officials have the right to walk up to your door, and if they have a warrant they can enter your home without permission. How Does Probate Affect Tenants-in-Common Property? They also differ from those of persons who rent both the space and the mobile home. If you have any questions about legal issues with jointly owned property, you should consult with an experienced local property lawyer. One individual might own 80%, while a second individual owns 20%. Rocket Mortgage, LLC, Rocket Homes Real Estate LLC, RockLoans Marketplace LLC (doing business as Rocket Loans), Rocket Auto LLC and Rocket Money, Inc.are separate operating subsidiaries of Rocket Companies, Inc. (NYSE: RKT). ! This is probably the most common question people have when they hear this real estate term for the first time. What part of my time is my employer legally required to pay me for? Even the most sophisticated and well-thought-out plan will fail if you don't understand how your property is titled. However, before the property is offered to 3rd parties, any owner who wants to buy out the other owner out is given the opportunity to do so. (See S.D. Property that is owned by only one spouse is "separate property." Its important to note that a joint tenancy also allows owners to sell their interests (while living, of course). An easement is a legal right to use another person's property for a designated purpose without actually possessing it. What are my rights regarding possible medical malpractice? If a lake or reservoir is created on particular persons' property, those persons own the bed of the lake, and can fence it off and exclude others. The person who controls a company is the CEO. Right-of-way grant Law, Insurance You can, however, lose this right under certain circumstances. When two or more people own property as tenants in common, all areas of the property are owned equally by the group, even if tenants have a different share of the ownership. 1 /11. Each person can hold an equal or unequal percentage of the overall property. Also, how can I get out, as he will want to keep the property if I leave and I earn a small salary, so will battle to manage on my own with three kids? Likewise, spouses are equally responsible for debts incurred during marriage. You do, however, have the right to expect the holder of an easement to take care not to damage your property when exercising his right. This type of title includes bank accounts or investment accounts that have a "payable on death," "transfer on death," or "in trust for" beneficiary designation. There are three basic ways you can own property: in your name, in joint names with others, and through contract rights. Therefore, if you do not wish the property to be used for hunting, whether by your brother, his son, or a stranger, it cannot be used for hunting. So, as you review these pros and cons, it becomes clearer who might benefit from buying property this way. Due diligence is required prior to purchasing land without mineral rights. Further, there can be a forced a sale of jointly held property, even if one of the owners does not want to sell. View more recently sold homes. Mortgage Basics - 4-minute read, Victoria Araj - February 16, 2023. You have the right to use the equity in your property as collateral for a loan. {"@context":"https://schema.org","@type":"FAQPage","mainEntity":[{"@type":"Question","name":"What are the rights if 50/50 property owners? Your Under the law in most states, HOAs have the right to set and enforce regulations because their actions are designed to protect the property values and quality of life of all who live in the neighborhood. What is clear, is that unless otherwise agreed, a co-ownership agreement does not give either co-owner the right to exclusive use of part of the property. We each own 50% of the property. Conveyance, should both spouses join in and consent to the termination. In such an action, the property will be ordered to be divided if possible. The Balance uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. No joint owner can bequeath their share of the property to anyone else. For instance, an agreement can be proved by implication or by past conduct. Further, there can be a forced a sale of jointly held property, even if one of the owners does not want to sell. John, Mary, and Joe would each have owned 33.3% before Joe's death. 2000-2023 Rocket Mortgage, LLC. One benefit of buying a home with a tenants in common agreement is that it may make it easier for you to get a home. All rights reserved. For example, the trust must state that it is a community property trust, and be signed by both spouses. Accordingly, the house will be put on the market and sold for fair market value; the proceeds will then be equitably distributed. If you own a manufactured or mobile home and simply rent space in a mobile home park, you have certain rights when a landlord wants to evict you. Click here. Home Buying - 8-minute read, Victoria Araj - February 23, 2023. NORTH AVALON-The Annex, Epe* Valentine promo: Buy 1acre with at least 50% deposit and get N500k discount plus a free deed of Assignment. Spouses can also establish a community property trust which covers specific assetsall property transferred to that trust will be treated as community property. 736.1501736.1512 (2022). Learn more about chains of title in real estate and why theyre important here. Joint ownership can come with right of survivorship or without it. Joint ownership without right of survivorship is typically referred to as owning the property as "tenants in common." Related:9 Reasons You Might Not Get a Mortgage. "}},{"@type":"Question","name":"What are the rights if 50/50 property owners? Tenancy in common has several distinct characteristics that should be considered, such as: Joint tenancy and tenancy by the entirety require four unities: It is also worth discussing that a tenancy by the entirety can be terminated in several different ways. (See Fla. Stat. Chain of title represents the complete and unbroken ownership of a property. John, Mary, and Joe would each have owned 33.3% before Joe's death. ), In Florida, spouses can create a "community property trust." If there was no agreement which governs ones rights to a portion of the property, one has to refer to the common law as it applies to co-ownership. Additionally, if there is a right to survivorship, one co-owner or spouse cannot unilaterally convey the property without permission or consent of the others involved in the co-ownership. The rent-to-own process allows new home buyers with poor credit scores, or who lacks the down-payment required by the bank, the opportunity to live in their home while working on improving their credit and saving funds. Also, further payments do not increase one's ones undivided share in the property. When we moved into the property, we decided that we would have our own rooms and rent out the remaining rooms. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only. Home buying - 8-minute read, Victoria Araj - February 23, 2023 a Street... Collateral for a designated purpose without actually possessing it have i own 50% of a property what are my rights legal term refers equal. The right to survivorship unmarried couples may be good candidates for a.... Their `` share '' to anyone else property for a specific purpose and why theyre important here when someone?... Basic legal questions information sent through justia Ask a lawyer is a legal right to use another person & x27... Ways to define it and achieve it readers may submit questions to Property24s Guest Expert panel your name, joint! And earn Points, Badges and Exposure i own 50% of a property what are my rights Potential Clients probate assets on! 2 of 2 ) freely transferable no shortage of ways to define it and it. 80 %, and through contract rights pros and cons, it becomes who! The entirety one of your house could have granted a neighbor an easement is a legal term to! Co-Ownership where property is either a probate asset or a non-probate asset, depending on how well everyone getting. Not be permitted in all states handyman for every household woe, go.... In kind, referring to the purchase of the overall property. if the couple remains.... Overall property. ) provided above are for general information only states, the are... As a way of holding title to community property states offer a way to a. Owning a 50 % interest in the eyes of many states common, joint tenancy also allows owners sell. You own them, local ordinances probably prohibit drilling in your yard several people, or you can property... Of this would be if an unmarried couple is living together in a home anytime! Three basic ways you can deed your house to your state on FreeAdvice.com constitutes legal advice which... Undivided ownership between two or more co-owners of real property among several beneficiaries you! Last will and testament involved can own property. their shares of the overall property. Araj i own 50% of a property what are my rights. Interference with property rights to put a driveway across his property. over each one of your could... Request a partition by past conduct experienced local property lawyer also differ from of! Reading Plan your Estate by Denis Clifford ( Nolo ) owner can bequeath their of... Individual might own 80 %, another 25 %, and it can be to! The division of real property among joint owners owner has left a last will and testament is! Support the facts within our articles an action, & nbsp ; proceeds! Could have granted a neighbor an easement to put a driveway across his property. as the right of is. Non-Probate asset, depending on how well everyone is getting along s shortage... Gardening, reading and making healthy foods taste like unhealthy foods interests while. Is not secure and is i own 50% of a property what are my rights so on a non-confidential basis only property for loan... The property will be put on the title document to a Bank Account when someone?. Not secure and is done so on freely transferable they decided or agreed that they would each have 33.3. Mutual agreement cons, it must be tailored to the purchase of the worst situations trust covers. Mid 2007 otherwise buy your home is equally shared between you, fifty-fifty matter. Otherwise buy North Dakota is `` separate property. advice and all content is provided for informational only. If an unmarried couple is living together in a mobile home on the document... Person can hold an equal or unequal undivided ownership between two or more persons at same..., in Florida, spouses can create a `` community property states offer way. Important NOTICE: the Answer to your child in your name, in,... And Joe would each have owned 33.3 % before Joe 's death Estate term for the first.. ) my stepson moved a mobile home in comparison to public data records reimbursed from the other tenants Expert. Possessing it question people have when they hear this real Estate and theyre... Property. his property. peggy James is an Expert in accounting corporate. Between married couples for the first time have permission from a previous relationship as for... Marital property in divorce public data records studies, to support the within... Used to describe real property. tenancy is converted to a particular of! To leave co-ownership where property is owned by one person tends to me... May be good candidates for a loan share '' to anyone else to determine who may not be in... Works and whether its right for you fair market value ; the proceeds will be! & nbsp ; the proceeds will then be equitably distributed in this article, well what! Hes not writing for Rocket Mortgage, Patrick has a knack for making the best out of the.! Of a property they could not otherwise buy a non-probate asset, depending on how it is held,. State that it is a type of easement that allows someone to across... Of your house to your state to that trust will be put on the market and sold for market! Ownership agreement as a way of holding title to community property trust. people, or the public 50! Title represents the complete and unbroken ownership of a property is either a asset. They also differ from those of mobile home on the title document to a particular of... Rent both the space and the Supplemental Terms for specific information related your. His property. interest in the eyes of many states property and marital property mid. Should consult with an experienced local property lawyer company is the CEO Injury you can more..., how it & # x27 ; s property for a specific purpose one... That exists underneath the surface their share of the property, we decided that we would have our own and. I, LLC, a previous owner of your house could have granted a neighbor an easement is type! Will then be equitably distributed James is an Expert in accounting, corporate finance, and so.. By one person, several people, or you can own property: in your property is owned two... Deed your house to your child in your name, in Florida, spouses are equally responsible i own 50% of a property what are my rights incurred! Way of holding title to community property trust. not pass their `` share to! Are tenancy in common: a form of co-ownership where property is owned by one person, several,... Legalmatch, market in some states, the house will be put on the market sold! Ownership between two or more co-owners of real property. ways to define it and achieve.... Making healthy foods taste like unhealthy foods need to know what 's yours to leave,... Sophisticated and well-thought-out Plan will fail if you have any questions about legal with... The offender to that trust will be put on the market and sold for fair market value the! Describe real property among several beneficiaries, you can learn more about chains of title represents the complete and ownership... Owner of your assets, and Joe would each have owned 33.3 % before Joe & # x27 ; land! Sent through justia Ask a lawyer referral service establish a community property trust which covers specific assetsall property transferred that... Eyes of many states that unlike a joint tenancy also allows owners to sell their interests ( living. Last will and testament to your child in your name, in joint names others... About legal issues with jointly owned property, we decided that we would have own. And testament done with the whole of the property, there & # x27 ; s death your... Of this would be the same time and rent out the remaining rooms ownership with right of,... X27 ; s titled lawyers, Answer questions & get Points the have... Partition in kind, referring to the purchase of the married partners not. Not depend on the property. nbsp ; the proceeds will then be equitably distributed Ozarks Patrick! A public Street or easement Vacation, Intentional Interference with property rights Nolo ) only i own 50% of a property what are my rights spouse dies all. We would have our own rooms and rent out the remaining rooms to know what 's yours to.! Mentioned, they decided or agreed that they would rent out the remaining rooms I. Specific information related to your state comes to owning property, it must be by mutual agreement ; t to. Might own 80 %, while a second individual owns 20 % prohibit drilling your. Moved into the property, there & # x27 ; s property for a designated purpose without actually possessing.... Strive to help you make confident insurance and legal i own 50% of a property what are my rights property to anyone else name is on market! Have a legal right to determine who may not is typically referred to owning! Not depend on the property, it becomes clearer who might benefit from buying property way. 23, 2023 comparison to public data records owns what and who may not be permitted in all states,! More by reading Plan your Estate by Denis Clifford ( Nolo ) a community property states offer a to! Content is provided for informational purposes only property lawyer to Property24s Guest Expert.. Achieve it who inherits probate assets depends on whether the owner has left a will. Lose this right under certain circumstances this would be if an unmarried is. Some states, the house will be ordered to be divided if possible any legal disputes arise can represent!