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how to transfer property when one owner dies jointly held wi

Posted on: 01st Oct, 2007 03:01 pm
see question
Welcome Diseyl,

If you have been in joint tenancy form of ownership with your spouse and at the same time, there is the right of survivorship involved, therefore you will automatically get rights on the property. By the way, which state are you in?
Posted on: 01st Oct, 2007 09:24 pm
Hello Diseyl,

If the ownership deed has got joint tenancy with right of survivorship then the property will automatically pass on to the surviving spouse. You can also transfer the property through probate by the laws of intestate succession where the state decides whom to give the property. Or else, the Affidavit of Heirship filed in the County Clerk's record may help in such transfers without a will.
Posted on: 01st Oct, 2007 10:01 pm
I am married in community of property. When I die, will property automatically be transferred to my wife?
Posted on: 09th Dec, 2009 10:51 pm
Hi GOPAL,

As you live in a community property state, your wife will have interest in the property. The property will not get automatically transferred to your wife after your death. She will have to file an affidavit of heirship and get the property transferred in her name. If she signs an interspousal transfer deed and removes her name from the property, then it would be considered as your separate property.
Posted on: 10th Dec, 2009 08:56 pm
in community property state, both husband and wife has equal ownership right.

it does provide a way of automatic transfer of ownership right.
Posted on: 11th Dec, 2009 08:44 am
my dad has added me as joint owner of his house, when he dies the house becomes mine this has all been done through a lawyer and registered land tiltle. Does my sibling have any rights to fight for half of the house?
Posted on: 26th Dec, 2009 11:47 pm
As your father has added you to the title of the property as a joint owner, then your sibling will not be able to claim the property. He/she can file a case but there are hardly any chances of that person winning the case.
Posted on: 28th Dec, 2009 12:49 am
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