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  1. #1
    Join Date
    Jul 2012
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    100

    Default Leaving House to Spouse

    My question involves estate planning in the state of: GA

    If two people marry and buy a house together, with both parties' names on the deed to the house, when one person dies, does the widow automatically get his/her spouse's half of the house? Or does each spouse need to explicitly write it in their will that this is their wish?

  2. #2
    Join Date
    Sep 2011
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    OH10
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    17,022

    Default Re: Leaving House to Spouse

    The title terminology is "Joint Tenants with right of survivor-ship.

  3. #3
    Join Date
    Oct 2006
    Posts
    10,900

    Default Re: Leaving House to Spouse

    Quote Quoting lawaholic
    View Post
    My question involves estate planning in the state of: GA

    If two people marry and buy a house together, with both parties' names on the deed to the house, when one person dies, does the widow automatically get his/her spouse's half of the house? Or does each spouse need to explicitly write it in their will that this is their wish?
    Most deeds, for most married people are titled "john and jane doe, joint tenants with rights of survivorship", or something else along those lines. Yes, that means that if one spouse dies their share of the house automatically goes to the surviving spouse.

  4. #4
    Join Date
    Jul 2012
    Posts
    479

    Default Re: Leaving House to Spouse

    Depends on how they hold title to the house. If they own JTWROS, yes, the dying person's interest passes to the remaining owner(s). Otherwise, depends what the person has in the will (if a spouse is disinherited, I believe the min. interest a surviving spouse would get in GA is a third).

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