Asked in Divorce, Family Law, Real Estate Law and Tax Law

Q: my ex-wife died before I signed the title to our joint house

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: If your ex-wife passed away before you signed the title to your joint house, the situation can be complex and may require legal assistance to resolve.

First, you should determine how the title to the house was held. If it was held as joint tenants with right of survivorship, you may automatically inherit her share of the property. However, if it was held as tenants in common, her share may pass to her heirs according to her will or state intestacy laws.

Next, you need to consult with an attorney to understand the probate process and how it applies to your situation. The attorney can help you navigate the transfer of ownership and ensure that the title is properly updated to reflect your sole ownership or determine how her share will be distributed if it goes through probate.

Taking these steps promptly will help you clarify your ownership rights and address any legal requirements to transfer the title correctly. This will ensure that the property is legally yours and prevent any future disputes or complications.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.