Seattle, WA asked in Estate Planning and Real Estate Law for Washington

Q: I live in Washington State, my husband and I amicably divorced. Do we need to change the title on our house?

Our mortgage and deed documents say "husband and wife." We want to continue to both own the property, but we're concerned if one of us were to pass away, what that would mean for passing the property automatically to the other since we are no longer married. Our wills state that the other should receive the property, but isn't it true that wills do not supersede real estate deeds?

1 Lawyer Answer
Nina Whitehurst
Nina Whitehurst
  • Estate Planning Lawyer
  • Crossville, TN

A: You need to update the title to the house so that it conforms to your divorce decree. Was it awarded to the two of you in equal shares? Then update the title so that you each own a 50% undivided interest as tenants in common. A real estate attorney can help you with this.

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