Legal Question in Wills and Trusts in Illinois
If the co-owners of a business property was not married when they purchased the
property together, but marry later on in the partnership is it still considered
joint tenancy with right to survivorship ? The husband was still legally married in another country but married his partner here in America. Is the marriage legal
and does he inherits his spouse share of the property if she dies?
1 Answer from Attorneys
Yes it is still joint tenancy with right of survivorship. Marital status does not affect title at death. His second marriage may be bigamous. But regardless of whether he has 2 wives or 7 wives, if title is in joint tenancy the survivor will take.
The answer requies elaboration if they own other assets in addition to the jointly owned assets. Also, the answer is very different when speaking of divorce. The impact of title is very different in divorce than it is in death.
You may visit my website at www.legacylaws.com.
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