Jenkintown, PA asked in Real Estate Law, Estate Planning and Family Law for Georgia

Q: Is the transfer of property after death, without a will, automatic for couple living in separate maintenance?

If, in the separate maintenance agreement, one side kept the co-owned home and renamed in their name only while the other bought their own home with the decree settlement, do both properties automatically transfer to the surviving spouse if there is no will? In other words, can one spouse move into the other spouses home after death if their name is not on the deed? Can they sell that home without transferring to their name first?

1 Lawyer Answer
Elizabeth Cruz Noellien
Elizabeth Cruz Noellien
  • Duluth, GA
  • Licensed in Georgia

A: If your name was not on the property, then then the estate will have to be probated in Probate Court and the property will be distributed to his heirs. As a spouse you are considered an heir, however, you will need to look at your separate maintenance agreement as to whether you gave up your rights to this property.

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