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A friend of mine and her spouse quit claimed their house to each other (husband and wife). Is this necessary? If I

Jupiter, FL |

passed away, wouldn't my husband automatically recieve get the house? Both our names are on the deed.

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Attorney answers 4


The answer is probably. If your names are both on the deed and followed by language that says you are married or has survivorship language, then the survivor owns the whole of the house. If you are in doubt, or if this worries you, have an attorney look at the deed.

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If both names are on the deed as husband and wife-the property will automatically belong to survivor upon the first death.

The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.


The key is whether you were married when you acquired the property. Both your names on the deed would not have the same effect if you weren't married at the time of acquisition.

I hope you found this response to be of assistance. This response shall not be considered the rendering of legal advise but instead a general response to a general question. While Avvo is a wonderful resource, nothing can be a substitute for an in-depth consultation with an attorney in the jurisdiction in which the law is to be applied. This response shall not be deemed to create an attorney-client relationship, nor shall it create an obligation on the part of the attorney to respond to further inquiry from the questioner.


I agree with the other attorneys. It sounds like there may have been a problem with your friends deed. Either they were not married when they bought their home or there was a mistake on the deed. If you want to be sure about your home I would suggest having a local attorney review your deed.

This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.

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