by Tavis R. Hasenfus, Esq.
Of course you do — you own your home. Well, that’s not exactly what I was asking. Sure, you have your deed that unequivocally declares that you and your spouse own your property together, and, after years of keeping your lawn pristine, you know your boundaries like the back of your hand (or do you? — but we will save that for another day). The question is, do you know if your deed contains those two magic words which keep your spouse from needing to step into probate court after you pass away to retain what was always known to be his or hers?
In other words, does your deed say that you and your spouse are Joint Tenants, meaning the real estate will pass automatically to the survivor upon the death of the first spouse? Or, does it leave these magic words out, thereby leaving your spouse’s interest in the real estate to pass through his or her Will or, worse yet, through intestacy – and perhaps to a relative you’ve never met?
A simple review of your deed can answer this important question and help you and your spouse prepare for the future.
There are certainly reasons why one would want to hold real estate with their spouse as tenants in common instead of joint tenants, but it is important to determine how the real estate is currently being held while both spouses are in good health so that, if needed, a simple deed can take the place of a court filing — or worse.