tenants in common

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

tenants in common

a married couple buys a home. a spouse dies. who does the property go to if the deed has the words “tenants in common” in it? There is no will. Does it go to the surviving spouse? Thanks, vmg

Asked on June 16, 2009 under Estate Planning, New Hampshire

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

Typically a married couple will hold property as "joint tenants", then upon the death of one of the spouses the other spouse automatically inherits the deceaced spouse's share.  But here you held the property as "tenants in common".  What this means is that upon the death of one of the parties, the deceased's share goes to their heirs.  It would typically pass according to the terms of their will; but since your spouse was intestate (that means died without a will) their share would pass according to the intestacy laws of your state.

In New Hampshire the law is a follows:  If you die intestate, your assets will be divided amongst your immediate family. Your spouse will receive your entire estate if you do not have children or parents. If you do not have children but you have parents, your spouse will receive the first $250,000 plus one-half of the balance of your estate with the remainder going to your parents.

If you have children and all of them are also your spouse's children, your spouse will receive the first $250,000 plus one-half of the balance of your estate with the remainder going to your children. If you have children and all of them are also your spouse's children but you spouse has additional children that are not your children, your spouse will receive the first $150,000 plus one-half of the balance of your estate with the remainder going to your children. If you have children but not all of them are your spouse's children, your spouse will receive the first $100,000 plus one-half of the balance of your estate with the remainder going to your children.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption