Legal Question in Family Law in Arizona

Question about real estate after the divorce

We divorced on 08/18/05. The home is for sale. We both live in the home and share expenses. The property is in both our names. He wants to change his will and leave his half to his daughter if he expires before it sells. Can he do this or if either of us expire will the other be entitled the whole amount if the house isn't sold? The divorce decree states that it will be paid off and we will split the remaining amount. Thanks


Asked on 8/25/05, 7:35 pm

1 Answer from Attorneys
Eric Chester Law Office of Eric S. Chester

Re: Question about real estate after the divorce

Unless the divorce Decree specified that the property would be held by you two as joint tenants with right of survivorship, the property automatically changed so that it was held by you two as tenants in common. This means that neither of you would receive the entire property if one of you died, and the deceased person's half interest would instead go to the deceased person's heirs. As such, your ex-husband is free to bequeath his half to his daughter in a Will, just as you are free to bequeath your half to anyone you choose.

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Answered on 8/26/05, 11:56 am


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