What are my rights if my ex-husband died and we owned a home as “tenants with rights of survivorship?

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What are my rights if my ex-husband died and we owned a home as “tenants with rights of survivorship?

My ex-husband died this year. I wrote off my interest in the divorce decree. He never refinanced the home into his name and I never quit claimed the title. The deed is written as “not tenants in common but with rights of survivorship”. When he passed he left a Will leaving the house to his recently married wife. Does the divorce decree require an estate claim or can I transfer the title legally into my name? I am still on the mortgage for the property also.

Asked on September 23, 2015 under Real Estate Law, Oregon

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Sounds like the home is your home, outside of probate.  You will need to present the death certificate to the mortgage company and talk with them about transferring the name solely to you.  Joint tenancies fall outside of probate. Upon death of one, the other gets the whole.  Unfortunately for his wife, he never transferred the property or severed the title, so the home is yours.


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