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Do I have rights to property after my ex-husband's death?

Do I have rights to property after my ex-husband's death?

Full question:

I filed a quit claim to my house when I divorced my ex-husband in 1998. Property is in New Hampshire. We were Joint tenants with right of survivorship. Apparently when the new deed was written it included the phrase 'joint tenant with right of survivorship' although it only has his name. He has now died and the lawyer for his estate is asking me to sign papers to correct the deed so that the property can be given to his son. Do I have any rights to any part of this property? (BTW, in case you should think I am money-hungry, ex disowned his daughter with me in his will.)

Category: Real Property
Subcategory: Deeds
Date: 04/07/2025
State: Texas

Answer:

If the divorce settlement required you to transfer the property and it wasn't left to you in your ex-husband's will, you likely have no rights to it. Courts usually do not grant rights to a former spouse based on clerical errors. If the deed mistakenly included 'joint tenant with right of survivorship' but only lists your ex-husband, the court may reform the deed to reflect the parties' true intentions. This requires clear evidence of what both parties intended, which could come from the divorce decree and the removal of your name from the new deed.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is required for a quitclaim deed in NH?

In New Hampshire, a quitclaim deed must be in writing and signed by the grantor (the person transferring the property). It should clearly identify the property being transferred and include the names of the grantor and grantee. While witnesses are not required, having them can help with validity. The deed must also be recorded at the local registry of deeds to provide public notice of the transfer.

What is the disadvantage of the right of survivorship?

A primary disadvantage of the right of survivorship is that it prevents the deceased owner's share from being passed according to their will or state inheritance laws. Instead, the surviving owner automatically receives full ownership. This can lead to unintended consequences, especially if the deceased wanted to leave their share to someone else.

What is a quitclaim deed with the rights of survivorship?

A quitclaim deed with rights of survivorship allows two or more individuals to hold property together, where, upon the death of one owner, their share automatically transfers to the surviving owner(s). This arrangement avoids probate and ensures that the surviving owner retains full ownership without the deceased's share going through the estate.

Does a divorce decree override a quitclaim deed?

Generally, a divorce decree can dictate how property is divided, but it does not automatically override a quitclaim deed if the deed has already transferred ownership. If the property was transferred to one spouse through a quitclaim deed during the divorce, the other spouse may have no claim unless specified otherwise in the divorce settlement.

What are the downsides of a quitclaim deed?

The downsides of a quitclaim deed include the lack of warranties regarding the title, meaning the grantor does not guarantee they own the property free of liens or claims. Additionally, it may not provide the same level of legal protection as a warranty deed, which ensures the buyer has clear ownership. This can lead to disputes or financial issues if problems arise with the property title.