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Generally, their ownership will be treated as a tenancy in common and the interest of each will pass to their heirs-at-law according to the state laws of intestacy or according to their wills. Their estates will need to be probated. You should seek the advice of an attorney in your area who specializes in probate law. You can check to see if your state has adopted the Uniform Simultaneous Death Act.

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14y ago
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15y ago

That depends on how they took title to the property in their deed. If they are married and own as tenants by the entirety the Survivor would own it all. If they acquired as joint tenants with the right of survivorship then the surviving owner would own it all. If they owned as tenants in common then the decedent's heirs would inherit their half interest. The estate would need to be probated in order for title to pass to the heirs.

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15y ago

What happens to property when the owner dies depends on how the property is titled not whether the owner "co-habitated" with another person. Generally, co-habitation does not provide any legal rights of inheritance.

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14y ago

If you own property as joint tenants with the right of survivorship when one dies the survivor automatically owns the property.

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Q: What happens when a rental property is owned by two people and one dies?
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