Bridgeport, CT asked in Real Estate Law and Probate for Connecticut

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?

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2 Lawyer Answers
Nina Whitehurst
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  • Probate Lawyer
  • Crossville, TN

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.

Christopher H. McCormick
Christopher H. McCormick
  • West Hartford, CT
  • Licensed in Connecticut

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.

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