How do I know if the title to our home and land will automatically be given to the other spouse? 20 Answers as of February 17, 2012

How can I tell if the title to our home and land is written so that the surviving spouse automatically receives the property?

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Martin Barnes - Attorney at Law
Martin Barnes - Attorney at Law | Martin Barnes
If your home is titled to you and your spouse as joint tenants or as tenants in the entirety then your home will pass directly to the surviving spouse. As you know, this is a matter of importance. If you are uncertain of how your home is titled, or if you are uncertain as to any claims on the property, please contact an attorney to review the title and advise you. Disclaimer: The response above does not form an attorney-client relationship, nor is it intended to be anything other than the opinion of the author. It should not be relied upon as legal advice.
Answer Applies to: Indiana
Replied: 12/8/2011
Minor, Bandonis and Haggerty, P.C.
Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
(I assume all questions concern Oregon and Oregon real property) If you are legally married, and took title to the home as "X and Y, husband and wife," or "X and Y, as tenants by the entirety," then the survivor will take. If you were in fact married when you took title, and the deed just says "to X and Y," you should still be in good shape, but might need to prove that you were married when you bought the place. Did you buy title insurance when you bought the property? A good place to ask this question is the title company.
Answer Applies to: Oregon
Replied: 12/8/2011
James Oberholtzer, Attorney at Law
James Oberholtzer, Attorney at Law | James Oberholtzer
The answer to your question depends on the all of the facts of your specific situation. No attorney can give you specific advice to your situation without knowing the entire situation. I can comment generally based on the information that you provided in your question. However, you should understand that the information contained in your question does not contain essential information needed to provide you with legal advice. This message is not intended to be legal advice for you and you should not consider that we have formed an attorney/client relationship. I am assuming that you are in Oregon and that Oregon law applies. The best way is to have a title company do a search of the legal title for your home and land. They charge for this but it is usually less than paying an attorney to do it for you. Otherwise, you could go to the county recorder's office yourself and try to search your own title and see what the recorded documents say. This would be very difficult and would take a lot of education for you to correctly interpret all of the documents. I recommend that you do not do this yourself as the room for error could be quite large and the effects on you substantial.
Answer Applies to: Oregon
Replied: 12/7/2011
Law Offices of Lorenzo L. Angelino | Lorenzo L. Angelino
Look at the deed to your, it say something to affect that you are both "Joint Tenants" which will work, even more proper it should say "Joint Tenants with Rights of Survival" but as long as joint tenants it should be fine.
Answer Applies to: New York
Replied: 12/7/2011
The Law Offices of Laurie E. Ohall, P.A.
The Law Offices of Laurie E. Ohall, P.A. | Laurie E. Ohall
If the property lists both your names "as Husband and Wife", or "as joint tenants with rights of survivorship", then it is presumed that the property will automatically transfer to the surviving spouse.
Answer Applies to: Florida
Replied: 12/7/2011
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    If your property is titled in the names of you and your spouse as "joint tenants with right of survivorship", the title will be perfected in the survivor by recording an Affidavit of Survivorship along with a Death Certificate. You should be able to get the answer from your local County Auditor's Office. If not, an attorney can check records for you.
    Answer Applies to: Minnesota
    Replied: 12/7/2011
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    If the deed says anything about "right of survivorship" (e.g. Community Property With Right of Survivorship or Joint Tenants With Right of Survivorship), then the property would automatically pass to the other. If you are unsure, I recommend you speak with an attorney who can review your deed(s) and ensure that your wishes are expressed.
    Answer Applies to: Arizona
    Replied: 12/7/2011
    Law Office of William L Spern | William Spern
    If the deed lists the other spouse with the words, " Tenancy by the Entirety", the properly and home will be automatically transferred to the other spouse. To sell the house, the other spouse will need a certified copy of the the death certificate.
    Answer Applies to: Michigan
    Replied: 12/7/2011
    Attorney at Law | Ruchee Patel
    The law provides that real property passes immediately to the living heirs, but that title will still need to legally transferred in probate. But the only way you can control exactly what happens is by executing a will.
    Answer Applies to: Tennessee
    Replied: 12/7/2011
    Broad Law Firm, LLC
    Broad Law Firm, LLC | Donald K. Broad
    If the Deed on your home states "
    Answer Applies to: Indiana
    Replied: 2/17/2012
    The McDonnell Law Firm, PLLC
    The McDonnell Law Firm, PLLC | Patrick J. McDonnell
    The deed should state "Tenants in common with right of survivorship."
    Answer Applies to: New York
    Replied: 12/7/2011
    Siegel & Siegel, P.C. | Sharon M. Siegel
    If you are speking of NY property, any property owned by both is presumed to be owned as tenants by the entirety and pass to the survivor.
    Answer Applies to: New York
    Replied: 12/7/2011
    Harville-Stein Law Offices, LLC
    Harville-Stein Law Offices, LLC | Dean D. Stein
    The deed must have both names and say "joint with right of survivorship" or very similar language.
    Answer Applies to: Alabama
    Replied: 12/7/2011
    Bullivant Houser Bailey PC
    Bullivant Houser Bailey PC | Darin Christensen
    In Oregon, the deed usually would say that you own the property as tenants by the entireties or as husband and wife. It also is possible to for a deed to provide for concurrent life estates and cross contingent remainders (which is how deeds as joint tenants with right of survivorship are often construed even though Oregon no longer has traditional joint tenancy for real estate).
    Answer Applies to: Oregon
    Replied: 12/7/2011
    THE HUBBARD LAW FIRM, P.C.
    THE HUBBARD LAW FIRM, P.C. | Donald B. Lawrence, Jr.
    I am assuming in answering your question that your property is located in Michigan. You can check the deed by going to the register of deeds in the county where the property is located to see how the deed reads. If you were married at the time of acquiring the property and had both names of husband and wife on the deed designating them as Husband and wife, the title is held as entireties property. This means it automatically goes to the survivor. During the lifetime of the couple, the property is not obligated to individual debts of the spouses only joint debts. If there is a mortgage on the property or property tax obligations, those will still be enforceable but title will pass to the survivor subject to those obligations.
    Answer Applies to: Michigan
    Replied: 12/7/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    To have the surviving spouse to receive the property without nay further action, it should be titled "(Husband Name) and (Wife Name), as joint tenants with rights of survivorship." In this manner, at death of one of the spouses, the surviving spouse automatically becomes the sole owner by law.
    Answer Applies to: California
    Replied: 12/7/2011
    THE BROOME LAW FIRM, LLC
    THE BROOME LAW FIRM, LLC | Barry D. Broome
    The deed should show...both names as Joint Tenants with Rights of Survivorship.
    Answer Applies to: Georgia
    Replied: 12/7/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Have a lawyer look at your deed. If it is not written to do what you want, a lawyer can draft the needed paperwork.
    Answer Applies to: Georgia
    Replied: 12/7/2011
    The Law Office of David L. Leon
    The Law Office of David L. Leon | David L. Leon
    You can either include this in your will, or you can execute a deed that is joint tenancy with rights of survivorship.
    Answer Applies to: Texas
    Replied: 12/7/2011
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    If it is held as "joint tenancy with right of survivorship" or "community property with right of survivorship" at the time of death of the other owner/deceased spouse with the surviving spouse.
    Answer Applies to: Nevada
    Replied: 12/7/2011
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