Q: If a spouse dies, can the husband or wife sell the home and collect all the proceeds if both names are on the deed?
A:
I'm restating your question:
1) Husband and wife own real estate.
2) the deed to husband and wife conveyed the property and included EITHER of the following two phrases: "Husband and Wife as Tenants by the Entirety", OR "H & W as Joint Tenants with right of survivorship"
The answer to your question with either of the above two is "Yes". Absolutely.
3) If the deed did not have either of the phrases in 2), then they each owned 1/2 and, depending on other factors not in your question, the answer becomes 'maybe'.
A: This sometimes gets complicated if the titling was either confusing or a bit ancient, but, basically, if the home was purchased during the marriage, unless expressly titled otherwise, it is entireties property, and, in Virginia, it passes upon death outside of probate. The titling "John Q. Public, et ux." is the same as the more common term these days of "John Q. and Mary Z. Public, by entireties" or, more verbosely, "John Q. Public and Mary Z. Public, Husband and Wife, by entireties." There are many other ways of saying the same thing, and a short consult with a lawyer can make things much easier.
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