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    Smeagle's Avatar
    Smeagle Posts: 1, Reputation: 1
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    #1

    Jan 18, 2013, 05:00 PM
    Ca a spouse sign a beneficiary deed to someone without the other spouse knowing about
    We have a joint tenancy deed. When my husband passed away, I found out that 6 yrs. Ago he filed a beneficiary deed to someone without my knowledge. I never signed it. This person now claims it is her land. I disagree. We live in AZ with right to suvivorship.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Jan 18, 2013, 06:32 PM
    When he gave this other person a deed, it destroyed the JTWROS. He, in effect, conveyed his 1/2 undivided interest in the property to her. So now you each own a 1/2 undivided interest. Either or both of you have the right to occupy the property.

    See a real estate attorney about suing her to "partition" the property. Usually, it would be sold and each of you get 1/2 of the proceeds.
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