Q: ex wife died .no will .divorced .my name on the title and deed to home.she has older children that never lived with us .
do i have sole ownership as tenant in common?
A: If you were awarded the home in the divorce, then you would be the sole owner. If she was awarded the home in the divorce, then her estate is now the sole owner. If the divorce ordered you two to own the home 50/50 after divorce, then yes. The home will need to be probated and the probate court will sort it out based on the terms of the divorce decree and the laws of intestate succession. If you expect to end up with an interest in the house you should hire a probate attorney to pursue your interest in the matter.
A: You've left out a key fact as to whether you already have sole title or not, but if your question is that your ex-wife and you held title to the property at time of her death as tenants in common than the answer is no. You only hold an undivided one-half interest in the property and the heirs of your ex-wife via the laws of intestacy will inherit her undivided 1/2 interest.
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.