Legal Question in Wills and Trusts in Kentucky

deed saying husband and wife, but never married

Hello. I am writing in regards to a deed in KY, it starts out by saying John and Jane, His Wife, jointly with rights of survivorship, but they were never married. Our Mother passed away and she explained to us how this was a fraudulent deed, they were not married and the deed is saying they were married. My Mothers cpa told us today that the deed is fraudulent and would make it tenancy in common, since they were not married, it was fraudulent. Also they had over a million dollars of house and antiques, they owned a business and by saying they were married on deed would keep creditors from taking anything from them, they did contract work and signed lien wavers, could this also make it fraudulent to misprepresent marital status from creditors? ANy info would be greatly appreciated. Thank you kindly.


Asked on 3/23/04, 11:30 pm

1 Answer from Attorneys
Philip Owens Philip M. Owens, Attorney at Law

Re: deed saying husband and wife, but never married

I am not sure that my reply was sent. Anyway, the CPA is wrong. With a simple survivorship title, marriage does not matter. If your mother's deed was to her and her "husband"/partner, it is still in survivorship. Whether or not he or she were married does not matter and it doesn't matter what the deed says on that point. A title by the "entirties" requires marriage. The courts will favor the survivorship provision. You need to consult an attorney who can then look at the documents and advise you properly. If there is fraud involved, he can advise you on that part as well.

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Answered on 3/24/04, 12:00 pm


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