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Legal right of surviving spouse on real property.
Denver, CO
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Posted 10 months ago in Probate
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What happens when a married person dies and he had signed a quit claim deed with another person in joint tenancy? Would the property go the other joint tenant or would his/her husband or wife have claim to half the property? Thank you, KW
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Answers (1)
Frank A Selden
This attorney is licensed in Washington.
Posted 10 months ago.
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usually a married person can give away their property to someone other than the spouse but not the spouse's property. There are several questions though that need to be addressed. What property? The living spouse's personal residence? What kind of title did that property start with and what title did the deed create? If real estate is involved and the living spouse did not resign then the quit claim deed possibly accomplished nothing. Also, even if the title is good the property or its value may be subject to creditor rights in a probate.
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