Can u challenge the transfer of a deed to someone who cannot prove that they are the person listed on the deed

Question

Years ago a man bought a house and listed his girlfriend on the deed. His girlfriend used his last name as if they were married but they were not. They broke up several years later and she moved out. The man continued to live in the house and for many years, (over 20) he was the only one who paid for repairs to the house. She would always turn down his pleas to help with the maintenance/upkeep of the house (roof, siding, etc.) He passed away a couple of weeks ago...is there any way a family member can contest the house being transferred to her?

Answer 1

She will not be awarded the home.

I'm also surprised that she was permitted to close on the home with a name that she could not legally prove was hers.  It has to be correct on the day you close on the home.

If she cannot prove that the name was ever hers, then she cannot prove that it was her on the title.

Very, very expensive lesson for her that you can't pretend you are married when you are not.

Every state has a law that states that the person(s) on title must be of legal record.  You cannot make up names.  It can be easily said that she was trying to commit identity theft or mortgage fraud...and courts don't reward that kind of behavior.

The family can absolutely request that it be given TO THEM.

Answer 2

If she is on the deed, she is an owner. It depends if they owned it jointly with rights of survivorship in which case she now owns the whole thing, or if the man's estate or heirs get his half (there are different kinds of ownership). You need to see a copy of the deed, and take it to a real estate lawyer. It can be very costly to fight her. You have to determine if the house ( or half the house) is worth the cost to sue. The fact that they were never married but she used his name is something else to discuss with the lawyer. Some states recognize such "marriages", while others do not. It is called common-law marriage, when couples consider themselves married, and have lived together for a certain amount of time, even though they didn't get hitched by clergy or in a civil ceremony. So, talk to a lawyer, but first, get a copy of the deed from the county clerk. All deeds are recorded. No one here can give you a concise answer, because you must read the deed. Good luck.