Can the estate of a deceased person take a home away from a co-buyer that has already taken over payments on the home and has been living in the home for years?

That all depends on the tenancy under which the co-owners acquired the land by their deed.

If the co-owners acquired as tenants in common then the decedent's estate owns a one-half interest. In that case, the surviving co-owner would need to buy out the heirs in order to keep the property and the estate should pay half the expenses until the transfer of interest is made.


If the co-owners acquired as joint tenants with the right of survivorship then the decedent's interest automatically passed to the surviving co-owner and the decedent's estate got nothing.