Does a divorce degree trump joint tenancy rights?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Does a divorce degree trump joint tenancy rights?
My mom and dad had a joint tenancy with rights to survivorship when they purchased their house. However, in divorce papers she was awarded it under the condition that if it was sold or she re-married she was to pay my dad $5000 in interest. My mother was the one that paid the majority of the house off. She fell ill 16 years ago and I moved into the house and paid off the remaining balance. She was purchasing another house which she moved into. She passed without a Will 8 years ago. She had a personal representative. Her probate closed 4 years later. Nothing was stated about the house. Does this mean that my dad owns the it?
Asked on July 31, 2011 Arizona
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You first need to look at how legal title is held in the house that you are making inquiries about presently. Go down to the county recorder's office and see if the court order is recorded on the property placing it into the name of your late mother. If the court order is recorded, then title is in your mother's name.
If the home's legal title is still held in joint tenancy with the right of survivorship to your father at the time of your mother's death years after the divorce she had with your father, it appears that your mother's failure to change legal title to the property into her name under the terms of the divorce decree's order on the property may be considered a waiver of what the divorce decree stated about the home's legal title change.
You also need to go look at the probate file to make sure that the file is silent as to legal title of the home.
You might also consider consulting with a real estate attorney on the legal title issue of the home.
Good luck.
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You first need to look at how legal title is held in the house that you are making inquiries about presently. Go down to the county recorder's office and see if the court order is recorded on the property placing it into the name of your late mother. If the court order is recorded, then title is in your mother's name.
If the home's legal title is still held in joint tenancy with the right of survivorship to your father at the time of your mother's death years after the divorce she had with your father, it appears that your mother's failure to change legal title to the property into her name under the terms of the divorce decree's order on the property may be considered a waiver of what the divorce decree stated about the home's legal title change.
You also need to go look at the probate file to make sure that the file is silent as to legal title of the home.
You might also consider consulting with a real estate attorney on the legal title issue of the home.
Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.