Q: What trumps what… deed or divorce decree?
My husband and I divorced, both are still on the deed to the house. Divorce decree states when I’m ready to sell we split the proceeds. He passed away and now his wife wants half the house in her name. The deed has survivorship rights. So I thought the house should go into my name. What trumps what, the deed with survivorship rights or the divorce decree?
A: Sign and record an affidavit of survivorship with a copy of the death certificate, per the survivorship deed. That will put the house into your name. There is no obligation to also put the house into her name, unless a court would order that, or unless the divorce decree already says that. But you still have the obligation under the divorce decree to pay half the proceeds of sale to his estate when you sell. Contact the attorney who represented you in the divorce to prepare the survivorship affidavit, and to review the situation and advise you of any other issues.
Todd B. Kotler agrees with this answer
1 user found this answer helpful
A: My colleague is correct. File the affidavit of survivorship and certificate of transfer.
1 user found this answer helpful
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