Legal Question in Real Estate Law in Massachusetts

Re: home

The answer depends on how you hold title to the house. If the house was purchased after your divorce, you probably hold as tenants in common. This means that you each own a percentage of the property (in most cases, 50/50). When your ex dies, his portion will be distributed during the probate of his estate based on his will (or based on state law if he dies without a will). You would still own your percent after his death so the most the children could fight for would be their father's portion. You both could also hold title as joint tenants with right of survivorship. In this form of ownership, upon death, the interest would automtically transfer to the remaining owner. In this case, if your ex dies before you, you would own the house outright at his death (the reverse is true if you die first, he would own outright). In order to determine what would happen at death you should review your deed to determine how title to the home is held.