Legal Question in Real Estate Law in New Hampshire

My ex and I own a home as tenants in common wros. The divorce decree states tha tthe house is to be sold and equity divided equally. In considering the event of my death prior to sale is my share to go to my ex or my estate?


Asked on 3/31/14, 6:53 am

1 Answer from Attorneys
Bruce L. Dorner Dorner Law Office

A closer examination of the deed is needed. Tenants in Common is not with "rights of survivorship." We generally see "joint tenants with rights of survivorship" to indicate that if one dies, the survivor owns the whole. With Tenants in Common, if one dies, that portion passes according to the will of the deceased or the intestate process. Please check the deed carefully as the wording you use is confusing.

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Answered on 3/31/14, 7:06 am


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