What are a future spouse’s rights to my joint tenancy property?

Get Legal Help Today

 Secured with SHA-256 Encryption

What are a future spouse’s rights to my joint tenancy property?

My mom and I bought a house together as joint tenants. I am single now but if I get married in the future, what rights would my husband have to my portion of the property if we got divorced or if I passed away? I am thinking about getting married but I want to protect my moms rights to the house. I would like her to have 100% of the house if I pass away and I do not want a divorce to take away my stake in the house. In other words, as cold as this may sound, I do not want my future husband to ever have any ownership in this house. I could get a pre-nip but I wasn’t sure if being a joint tenant was enough.

Asked on August 25, 2012 under Real Estate Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

A pre nup is a good idea to protect your Mom's interest but make sure that the deed lists you both with "rights of survivorship" whcih means that the house would go to you or your Mom automatically if one of you passed and would not be part of an estate proceeding.  As a jpint tenant with out rights of survivorship your half would go in to your estate and your husband would be entitled to benefit. Youa re not cold.  You are smart.  Good luck.


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 with SHA-256 Encryption