Who gets house when spouse dies

Asked over 4 years ago - Menard, TX

grandfather died 20 years ago grandmother wants to sell but still in both names is it hers or half with children

Attorney answers (1)

  1. Bert Z. Tigerman

    Contributor Level 15

    Answered . Depends on what you mean by "both names." If the title to the property is held by them as "joint tenants" with right of survivorship, then the interest of your grandfather passed automatically to your grandmother and all she has to do is file a document with the county recorder certifying his death. If the property is held as tenants in common, then each of them own a 50% undivided interest in the whole property. Some sort of court proceeding (depending on the value of the property) has to happen to transfer his half. If he died intestate it probably passes to his spouse. I suggest you check how title was held and if necessary consult local counsel on what to do next.

    DISCLAIMER: The response herein is not legal advice and does not create an attorney/client relationship or any right of confidentiality between you and the responding attorney. These responses are intended only to provide general information about perceived legal issues within the question. Each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer is not a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction and who is familiar with your specific facts and all of the circumstances

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