Q: In New York state if a deed to a house is owned equally by an ex-husband and ex-wife does Survivor get all or does
House is on the market right now and if one person passes away before a sale is the sole survivor entitled to all or is 50% put into the deceased will
A: It depends on how the title to the house was taken initially, presumably it was as husband and wife, which makes it a tenancy by the entirety, and if that's the case the tenancy by the entirety was destroyed by the divorce, which makes the property then owned as "tenants in common" if there is no other superseding document. I'm happy to discuss this further if you want to email me.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
