Legal Question in Wills and Trusts in Virginia

Marriage in Virginia - Does the wife automatically get the house if the husband dies, even if his will specifies other arrangements for the house?


Asked on 6/19/11, 7:39 pm

1 Answer from Attorneys

Paul B. Ward Law Offices of Paul B. Ward

If the house is jointly held with right of survivorship (either tenants by the entireties or joint tenants with right of surivorship) the surving tenant would get the house automatically, no matter what the will says. BUT, if the husband and wife got divorced before one of them died, the survivor would only own 1/2 of the house if held jointly and none of it if the deceased former spouse owned the house outright.

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Answered on 6/20/11, 8:24 am


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