Q: A wife was awarded the prop after the divorce from her husband. She never changed deed. She did a ToDD. What happens to
At this point? Does the individual who inherited the TODD inherit only 50% or the full 100%?
A:
If a wife was awarded 100% of the property upon divorce, her 100% interest passed to the grantee named in the ToDD upon her death.
While it would have been better for there to have been a special warranty deed from the husband to the wife at the time of divorce to remove the husband from potential liabilities including property tax liability and to make it easy for the wife to sell the property if she wanted to, the decree itself is a muniment of title establishing the wife's 100% legal ownership of the property.
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A: The person who acquired the property from your wife by a transfer on death deed now owns whatever part of the property your wife owned, subject to any liens that may exist (such as mortgages or unpaid taxes). If your wife got 100% of the property in the divorce, and didn't transfer any of it before her death, then 100% of the property transfers to the grantee on the deed.
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