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If a man is married but his and his brother are on the deed to the house, what happens to the wife is her husband dies?

Trenton, NJ |

Her name is not on the deed.

Attorney Answers 3


Depends on what the deed says and what the man's estate plan is (will or no will).

If the house is joint tenants with right of survivorship, and the married man dies, the house automatically goes to the surviving brother. If the house is tenants in common, the man's estate would control where his "half" of the house goes. If the deceased husband has a will that gives the house to his wife the wife would own half and the brother half. If the deceased husband died without a will and the house is tenants in common it is possible the wife and deceased husbands children will split ownership of the half and the other half will remain owned by the brother.

You need to have an attorney review the deed and also see what the man's estate plan is.

This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website:

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A serious controversy between wife and brother in law WILL happen.Ive seen it many times.Resolve ths issues now before it is to late and cost prohibitive.

Advice provided is general in nature and should not be relied upon without retaining qualified and experienced legal counsel who is able to review in details the precise facts and details of your legal matter.The law firm of Hanlon Niemann and fredrick p niemann disclaims any express or implied guarantees or warranties associated with this response.

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4 lawyers agree


I agree with the first two responses, but want to ask the chronology because I am curious. Was the property deeded to man and brother BEFORE man was married or AFTER he was married? If before, how much later was the marriage?

I may be guessing or not licensed in your state. No atty/client relationship exists.

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