Hello,

My question today is: When a couple owns a home and the husband name appears only on the property deed. The husband dies, and one of their children discovers that his name also appears on the deed. What position does this leave the wife?

Wouldn't that depend on whether the state you live in is a community-property state?

The name that appears on the deed is the person who owns the property if the other person is deceased. This property may have to be probated though and at that time the wife may put a claim in for the portion as the widow.

I live in the State of Georgia

Thank you

Hello,

My question today is: When a couple owns a home and the husband name appears only on the property deed. The husband dies, and one of their children discovers that his name also appears on the deed. What position does this leave the wife?


I don't quite understand - the husband's name appears only (I would assume you mean his sole name appears) on the property Deed. He dies.

Now the Deed also has the name one of the deceased's children?

It can't be both ways. Either one name is on the Deed or more than one. Are you confusing Deeds and Mortgages?

If the Deed is written in a way that the surviving owner takes legal ownership, then the house does not pass by Will but the surviving child becomes the owner. The wife is not entitled to any claim on that property because both parties owned it (husband and child) and the survivor (the child) is now the 100% owner.

I agree with Judy that you need to check the facts here because the facts as you stated them cannot be correct. For anyone to "own" a home, their names need to be on the deed. Therefore a COUPLE cannot own a home if only one name is on the deed. The owner is whoever's name is on the deed.

A name can't magically appear on a deed. So for the child's name to be on it, it had to have been placed there at some point. The county should have a record of all changes in the deed.

Who actually owns the home now depends on how the deed was worded.

In Georgia, ownership of property when jointly titled is tenancy in common, so that if the deceased left a will, he may have disposed of his interest in the property. Otherwise, his estate will need to be administered under the intestacy laws. The manner in which jointly owned property avoids probate is when the property is titled as "joint tenants with right of survivorship", or similar words that indicate an intent that the survivor will own the entire estate. Georgia also has a provision for "Year's Support", under which the wife may be able to claim all of her husband's interest in the property. Someone needs an attorney in this situation.