If I own my home but my new husband is not on the house title, can we do a joint tenancy so that if I die the house will legally go to him?

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If I own my home but my new husband is not on the house title, can we do a joint tenancy so that if I die the house will legally go to him?

Asked on April 30, 2012 under Real Estate Law, Illinois

Answers:

Madan Ahluwalia / Ahluwalia Law P. C.

Answered 9 years ago | Contributor

Yes, generally speaking, joint tenancy will allow the surviving joint tenant to obtain the property upon the death of the other joint tenant without having to go through probate.  In order to affect the transfer upon death, the surviving joint tenant has to clear title by taking an affidavit of death, along with a certified copy of a death certificate, to the county recorder's office where the property is located.  Check for futher details in your jurisdiction.


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