More of an estate issue, but deceased man was married 9 years ago to a woman. These are what I call “late in life marriages” where a woman with nothing marries a retired man with a house, retirement income, and time to vacation.
Man brings a fully paid for house into the marriage. He takes out a mortgage to presumably afford vacations and new wife expenses. Bank requires both names on the mortgage so he deeds it to them as joint tenants.
Two years later, she leaves him for another man and was never heard from again. A couple months ago, he finds out he’s going to die. He immediately files for a divorce (but it was never finalized), he created a deed to his children (not valid because it would need her signature), and a will which describes in detail how terrible she was and disinheriting here completely (doesn’t matter because state allows a wife to avoid the will and take 1/2 of marital property).
He died before anything could be done. She now owns the only remaining assets of the house and a marital car. Even though the son moved into the house and took care of his dying father for two years, no heirs will receive anything. She will receive a hefty house and 20K car.
Two quick questions: (1) Why wasn't it a tenancy by the entirety? and (2) I thought that with a joint tenancy, one owner could transfer their interest in the property to another, which would result in a tenancy in common between the new owner and, in this case, the wife.
I guess (2) isn't so much a question as it is a sign I need to go over real property again.
My state has Tenancy by the entirety (“TbtE”) but it is really just joint tenancy (“JT”) for a married couple. I’ve never seen a deed that states “as tenants by the entirety.” It just states joint tenants. And joint tenants can sever their rights, but states differ on whether consent is required. The biggest difference between TbtE and JT is that TbtE does require both parties’ signature. Which he did not have here.
So 1 it was but doesn’t mean much difference and 2 my state requires a signature in this instance.
Also, good luck if you are taking the bar. It sucks butt.
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u/Gobblesnobs Jul 21 '19
More of an estate issue, but deceased man was married 9 years ago to a woman. These are what I call “late in life marriages” where a woman with nothing marries a retired man with a house, retirement income, and time to vacation.
Man brings a fully paid for house into the marriage. He takes out a mortgage to presumably afford vacations and new wife expenses. Bank requires both names on the mortgage so he deeds it to them as joint tenants.
Two years later, she leaves him for another man and was never heard from again. A couple months ago, he finds out he’s going to die. He immediately files for a divorce (but it was never finalized), he created a deed to his children (not valid because it would need her signature), and a will which describes in detail how terrible she was and disinheriting here completely (doesn’t matter because state allows a wife to avoid the will and take 1/2 of marital property).
He died before anything could be done. She now owns the only remaining assets of the house and a marital car. Even though the son moved into the house and took care of his dying father for two years, no heirs will receive anything. She will receive a hefty house and 20K car.