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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 37085
Experience:  Texas Attorney for 30 years dealing in real estate
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My ex-spouse recently passed away and he left the home

Customer Question

My ex-spouse recently passed away and he left the home mortgage and title in both of our names. We are joint tenants on the deed, but the question is which takes precedent with his death, the deed or the divorce decree. He was awarded the home in the decree with equity owed to me that has not been paid.
In the event I could take sole ownership, I would hold the asset for my children until they could decide if they wanted the home or could use the equity to help them buy another property at some point. Could this be resolved through probate or would I need to hire independent counsel and how much would that typically cost?
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  Ray replied 1 month ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Expert:  Ray replied 1 month ago.

Here the title should pass to you by joint tenancy with right of survivorship.Even if he owned it form the decree the title was not changed so it passes to you as survivor.Get copy of death certificate and file it in the county deed records.This would complete the title transfer to you as sole owner.

You would be free to do what you want with this once the death certificate is recorded.Talk to tax assessor here to make sure they they put taxes in your name.

I appreciate the chance to help you today.Thanks again.

Customer: replied 1 month ago.
Thank you. Is there any situation where it could be included as part of the probate process?
Expert:  Ray replied 1 month ago.

No it appears it passed by deed outside probate.The joint tenancy deed trumps a will or probate.

Thanks again.

Expert:  Ray replied 1 month ago.

If you can rate 5 stars it is always much appreciated.

Customer: replied 1 month ago.
Would the same apply to timeshare ownership?
Expert:  Ray replied 1 month ago.

If there was a joint tenancy with right of survivorship then yes and you file death certificate where timeshare is located to complete transfer.

Expert:  Ray replied 1 month ago.

If you can positive rate 5 stars it is always much appreciated.