Legal Question in Wills and Trusts in Virginia
My mother and father owned a home in Fairfax County, Virginia together when they were married. My father is now living in the home and they are divorced. If one of them passes away, does the deceased person's interest in the property go to their estate or to the remaining living party on the title?
1 Answer from Attorneys
Normally it would go to the other person on the title.
However, if they are divorced, the divorce papers should explicitly deal with this situation. The divorce would not be complete (that is they might be legally divorced, but the process would still be somewhat incomplete) if the court did not order exactly who gets what.
So this ought to be clearly identified already in the divorce, dividing up the property.
If this was not done correctly during the divorce, this shoudl be fixed. The property settlement agreement in the divorce should divide up all the property that had been owned in the marriage.
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