Can my stepfather sell my childhood home while my mother is still alive?

Questioner

Good morning, My mother bought a house in 1987 after my parents' divorce. After 3 years her partner came to live with her and about 4 years later they got married. I have no access to the contracts. My mother was admitted to a nursing home in December 2022 due to Alzheimer's. Her husband now wants to sell the house and buy an apartment. Is that allowed and does it have consequences for my share of the child? Thank you in advance!

Lawyer

The answer to your question depends on a number of factors, including the ownership of the house and the prenuptial agreement (if applicable) between your mother and her partner. Generally speaking, if your mother purchased the house on her own, the house is her property and she has the right to sell the house if she wishes. However, if the house was acquired in joint ownership, her partner may also have the right to sell the house, depending on the prenuptial agreement and the law of inheritance. If your stepfather sells the house, you as a child are in principle entitled to your child's share of the proceeds of the sale, unless this right is excluded in the prenuptial agreement or determined by your mother in her will. The child's share is a legal right to a part of your parent's inheritance, regardless of whether the parent is still alive. In that case, your stepfather may have to compensate your mother for the amount you receive as your child's share. It is important that you gain insight into the ownership and prenuptial agreements of the house and that you contact a notary or lawyer to be advised on your rights and obligations in this situation. You may also consider hiring a lawyer to represent your interests and safeguard your rights.