Q: If a spouse dies and both names are on the house, do the surviving spouse automatically own the house
A: Yes, usually, but it depends on how the deed reads. Usually, if the house was bought during the marriage, the deed will give the married couple a "tenancy by the entirety." If they bought the house before they got married, the deed will usually give them a "joint tenancy." In either of those cases, when one of the two owners dies, the other one will automatically own the house. However, it's also possible (although not very likely) that the deed made them "tenants in common." In that case, when one spouse dies, the deceased spouses heirs will receive a 50% interest in the house. Depending on the deceased spouse's will (or, if there is no will, depending on the deceased spouse's survivors and their relationship to him or her), the surviving spouse may receive all or part of that 50% interest.
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