Legal Question in Real Estate Law in Virginia

if both parents name is on the deed and on parent pass the other parent remarry then that parent pass who dose the house belong to


Asked on 8/24/17, 1:10 pm

2 Answers from Attorneys

Jonathon Moseley Jonathon A. Moseley

It is important to see the deed and how it is written and other details.

However, normally if both parents are on the house's deed (title) and one parent dies, then the other parent -- the surviving spouse -- inherits the house and owns the house.

If the surviving spouse then remarries and later dies, there are a lot of questions at that point about whether the surviving (now deceased) parent has a will and whetehr the property was kept as "separate property."

The new spouse after remarriage would normally inherit everything from the parent who died (the second parent to die from the original marriage).

However, several things may happen at that point.

If there is no will and there are children from the previous marriage, the house (or the value of the house) may be divided between the new spouse and the children from the previous marriage.

Read more
Answered on 8/24/17, 6:03 pm
Daniel Press Chung & Press, P.C.

Assuming the property is in Virginia, and assuming the original deed to both parents was as tenants by the entireties, and assuming the property was not retitled after the remarriage, and assuming no will, the property belongs one third to the surviving spouse and two thirds divided equally among the kids. If there was a will, that would control. If it was retitled after the remarriage that would control. See a lawyer with all of the relevant documents to be sure.

Read more
Answered on 8/25/17, 3:27 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Virginia