Does a spouse have claim to estate co-owned with another person?

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Does a spouse have claim to estate co-owned with another person?

I co-own land with my parent and there are only 2 people on the deed. If my parent remarries, will his spouse have claim on the property in case of his death?

Asked on April 17, 2019 under Real Estate Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

If you and your parent own the land as "tenants in common," then on the parent's death, his spouse will almost certainly inherit his share of or interest in the land. 
If you and your parent own the land as "joint tenants with right of survivorship," then on your parent's death, you get your parent's share or interest.
Check the deed or title to see how the two of you own the land.


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