I’m sure we all want to think that once married we’ll live happily ever after… Life sometimes doesnt work out the way you intend… things happen… just wanted to pass along the following article for you to think about….
(Article By Real Estate Attorney & Syndicated Columnist Bob Bruss)
DEAR BOB: My mother, now divorced, owned a house with her former husband. But before the divorce papers were finalized, without my mother’s knowledge he changed his title to the house from joint tenancy with right of survivorship to tenants in common. He passed away recently. Now his nephew is claiming the house under his will. My mother is still on the title and loan papers. Can a joint tenancy title be changed without permission of the other joint tenant, and is my mother entitled to all or half of the property? –Leslie LeB.
DEAR LESLIE: For simplicity, I presume the house is not in a state allowing a married couple to hold title as tenants by the entireties (a special form of joint tenancy that cannot be terminated by one spouse alone). If the divorce settlement papers didn’t specify what was to happen to the house title after the divorce, each still owned half of the house after the divorce.
Unfortunately for your mother, a joint tenant with right of survivorship does not need permission from another joint tenant to change the ownership method to “tenants in common.” Also, her ex-husband could have sold his half-interest in the property or given it away without her permission.
Presuming the ex-husband executed and recorded a valid quitclaim deed from himself as a joint tenant to himself as a tenant in common, that broke up the joint tenancy without notifying your mother. The result is the ex-husband’s half of the house became subject to his will, which apparently left his half of the house to the nephew.
Under the law of virtually every state, your mother still owns her half of the house, but as a tenant in common and not as a joint tenant with right of survivorship. The fact her name is on the mortgage papers is irrelevant to the title.
Perhaps she should offer to buy out the nephew’s inherited half. Or maybe she should ask him to buy her out. Better yet, perhaps they should try to get along as tenant-in-common co-owners. For more details, she should consult a local real estate attorney.
