Survivorship Ownership

November 16, 2015
Same-Sex Marriage and Real Estate
November 17, 2015
Show all

Survivorship Ownership

Q. My husband and I purchased our home several years ago. At that time, the deed was in his name and mine as joint owners. He is now deceased and my neighbor says that I need a new deed. Can you comment on that?

A. When title to real property, and of course, that includes your homestead, is titled in the names of the husband and wife, this is what is known as a tenancy or estate by the entireties. It’s also called the “husband and wife” estate. When one spouse passes away, the survivor does NOT need a new deed and there would be no point in having one, since simultaneously with death, the surviving spouse is the sole owner of the property.


Comments are closed.

The owner of this website has made a commitment to accessibility and inclusion, please report any problems that you encounter using the contact form on this website. This site uses the WP ADA Compliance Check plugin to enhance accessibility.