Leaving a Deceased Spouse on the Title

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Are there any ramifications for leaving a deceased spouses name on a house title? The house is paid off.


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There should be no negative ramifications to leaving a deceased spouse on title.  Pending the state that you live in, title may revert to the surviving spouse.  When properties are purchased by a married couple, title is usually taken as Tenants by the Entirety.  This is a special way that a married couple hold title as “one” entity.  The couple are actually "one" entity with 100% ownership.  In many cases, once a member of that union passes, title automatically reverts to the surviving spouse.  There are other types of “joint” ownership, such as tenants in common, joint tenants with the right of survivorship etc.

If the mortgage / deed of trust is satisfied and the deceased estate does not have any claim to the property, then in most legal jurisdictions, all you will need to provide is a certificate of death along with your title search/abstract/title policy when you transfer the property.  Prior to determining what is best for you, consult with a real estate attorney to determine what needs your particular circumstances requires.

Answered about 3 years ago

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