klitt442
Sep 21, 2007, 09:10 PM
My husband has a survivorship deed with his two daughters from a previous marriage. We live in Alabama. There is a mobile home on the land and the land and home are financed together. He wants to break out 2 acres of the land with the home on it for me and my daughter should he die. His daughters do not want him to do that. What can he do to be sure that I have a home should he die? Can he sell the home and land?
rockinmommy
Sep 22, 2007, 03:53 PM
As long as he's alive I believe he can still do whatever he wants with his land. With a survivorship deed they have no say-so until his death.
He can go through the county and separate the land however he wants it to be. Then I believe he'll just need to re-do the survivorship deed with them with the correct legal description of the land - less whatever he's separating out for you. With your part he can either deed it over to you or do a survivorship deed with you, too.
Karla in TX