Q: What happens to husband and wife holding title together after divorce?
Hi.
I’m reading a title now where the husband and wife took title in 1966 as John Doe and Jane Doe, his wife. Said husband has passed and contract of sale shows “Jane Doe as to 50% and the executrix of the will as to the decedents 50% as sellers”.
Since title was never changed I think the wife would own title wholly because title was held as husband and wife. I should show Jane Doe as surviving tenant by entirety and raise an exception calling for proof of a Notice of Severance that would’ve severed the joint tenancy. Am I correct? Or will the divorce alone sever ?
A: The divorce severs the entirety interest and creates a tenancy in common. Accordingly the contract is right.
Steven Warren Smollens agrees with this answer
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