Clauses in house deeds

doodling

Hi,

user1977 said:

I don't follow the concern behind the second point. If the children inherit, who do you think they'd be selling their half to while you still own the other? Nobody's going to buy that. 

If the children inherit half the the house then they have the right to force its sale.  Only in cases where a will creates a post death life interest trust for the remaining partner do they lose that right.  The OP has no guarantee that their partner's will would create such a trust.

If we looked purely at the deed of trust associated with ownership then I'm not sure that a deed of trust could be designed such that the rights associated with ownership changed on the death of the owner (i.e. that the right to force a sale is explicitly relinquished when one of the owners dies) - I've never heard of such a thing so that is one area where legal advice would be required.  If it is possible then I suspect that there may be horrible taxation issues as such a trust wouldn't qualify for the benefits that a trust created by the partners will would.