Property Deed


#1

Married couples usually take title as Tenants by the Entirety - same as joint tenancy with survivorship, but offers a bit more spousal protection. Upon entry of a final decree of divorce Tenants by the Entirety automatically become Tenants in Common - but that’s only if it’s TbyE. Joint Tenants w/survivorship won’t change on divorce. An ex spouse moving and remarrying prior to selling has no effect.


#2

No, a new deed does not need to be issued, the change in the classification of the deed is by law based on the legal status of you relationship. If she moves to another state and remarries that would not have an effect under our laws.

Helena M. Nevicosi
Attorney with Rosen Law Firm

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#3

When a married couple purchase a property together it is ususlly deeded as a married couple in joint tenancy. If the couple then seperates and ultimately divorces with the intention of selling and splitting the proceeds does the deed need to be changed if the property is not sold prior to the divorce. I believe technically at that point wouldn’t they become tenants in common? Also if one of the spouses moves to a community property state and marries another prior to the property selling does that have an affect on the transaction?

Thank you