when my wife was previously married, they owned property in virginia. when they divorced, the property would go to the

Question

survivor. he passed on 9/3/2016. she has a real estate affidavit showing her as the survivor thru the clerk of court in pulaski co. va. she is selling the property. her ex. was single when he passed, but does have a surviving brother. is the brother entitled to any proceeds even though he isn"t on the deed. ex. hub left no will

Richard Sternberg · Answer

Generally, divorce severs a tenancy by the entireties, but, if there was a settlement agreement in which the parties agreed to convert the tenancy into a joint tenancy with right of survivorship, then that is what it is, and the property devolves to her. More likely in my experience over the last 34 years of practice, there is no settlement agreement. The parties just divorced and did not resolve the property. If that is the case, it depends on the facts, but the presumption is that the tenancy by entireties became a tenancy in common, and each former spouse owned half. The intestate heir of the ex-husband would be entitled to half, subject to contribution.  
 
This is much more complex than you might assume, particularly if the parties chose not to resolve it when they were alive. You should suggest that your wife seek counsel.  
 
Reading an answer on the Internet does not create an attorney-client relationship. You are represented by me when we have both signed a retainer agreement (on paper or electronically) and some money has changed hands. Usually, you will have been asked specific questions about your situation and all potential conflicts of interest will have been resolved. Until then, you have no more right to rely on this answer than if you read it in a novel.

Q: when my wife was previously married, they owned property in virginia. when they divorced, the property would go to the