California married couple took title as "John and Mary Smith, husband and wife."
Deed does not say joint tenants, right of survivorship, community property, or tenants in common.
Husband died, wife has claimed entire property and sold it contrary to statutory will, cutting out husband's children.
When the deed doesn't say joint tenants or right of suvivorship, is it implied in this case?
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.
When the deed does not say title is held "as joint tenants" or "with right of survivorship", the presumption is that title is held as tenants-in-common. If the deceased left behind a will, the deceased's interest in the property should have been disposed to according to his will. How long ago did the wife sell the property? If the husband's children were divisees under the will, and they have been cut out, they should retain their own attorney immediately.
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