Legal Question in Real Estate Law in Michigan

Re: Registry of Deed

Please accept my condolences for the loss of your husband.

In most circumstances, it is unnecessary for a surviving spouse to take any action concerning real estate that was owned by both spouses, and the reversion is automatic. In Michigan, property owned jointly by husband and wife is considered "entireties property", which means that each of them has an interest which cannot be severed (or separated) from the interest of the other, except upon death. When one of the spouses dies, the ownership of the deceased spouse ends, and the widow/widower is the only remaining owner.

If you and your husband executed a trust or a joint will during your marriage, it is possible that the trust or will affects the ownership or disposition of the property upon the death of either spouse. That might be an exception to the usual treatment of entireties property.

Usually, the question of ownership by the surviving spouse will arise only upon a later sale or re-financing of the property. In that situation, it will be necessary to present a certified copy of the death certificate for the deaceased spouse to the title company which will insure title to the land. It is strongly suggested that any disposition of the property following the death of a spouse be done with the assistance of legal counsel, in the event that title or liability issues arise.

Other facts or circumstances could affect whether the reversion is automatic, such as if the property was purchased prior to the marriage, or if it was purchased by one of the spouses who later transferred it to both of them.

This response is not intended as legal advice. Your rights and obligations will depend upon the particular facts and circumstances affecting this matter. You should consult an attorney in your area to discuss all of the relevant facts and circumstances. No attorney/client relationship is created as a result of this response. I may be contacted at 248.788.8225.