One big problem in our lives is that my friend's recently widowed Dad is approaching dementia, and even without dementia is quite susceptible to any lady companionship and being taken to the cleaners by unscrupulous types. His mother had wanted the house to go to my friend so that he would stay and care for a disabled sibling who can't be named heir or she'd lose any state medical benefits she needs to live. question is, is being on the title enough to prevent that from happening, or does he have to actually take over ownership of the house. Legally he could be named as the partial or sole owner of the house, he has equity that has not been formally documented, and he is afraid he will lose all he has invested (sweat, improvements, caregiving) if his dad remarries. Complicated question, Not sure I've even given enough information for an answer. Let me know what you think.
Make an appointment with an elder care attorney or real estate atty. They will check your records against the courthouse records. Records will show who has title and HOW........JTWROS or Tenancy in Common, Tenancy at Will..
I agree that it would be best to get the whole situation reviewed by an experienced attorney, with a particular focus on ensuring that the disabled dependent child of the first marriage is protected.
Having another person's name on the deed SHOULD protect the house from being sold or transferred without notifying that person, but I can speak from experience that it doesn't always. My name was on the deed to my father's house, but he sold it without my involvement. Still don't know how it made it's way through settlement. It was during the de-regulated, housing bubble years, so probably just an inattentive title agent.