Tim,

Are you saying the subsequent marriage automatically converts ownership of tenants in common to tenants by the entirety?

I have no idea of the answer but it's a very interesting question.

check the intestacy statute.  even if there is no children, the parents or siblings of the deceased inherit and the spouse has a 50% or forced share not the entire probate estate.  Any non-probate asset passes outside the estate and depends on the asset designation i.e. beneficiary on life insurance or IRA, POD on an account, Deed as tenants by the entirety or joint tenants with rights of survivorship.

In office

Hello Everyone:

There are so many interesting family law questions raised on community net.  At one of  our planning meetings, we discussed crafting  a seminar out some of the topics that have been raised in this discussion venue.   Would anyone be interesting in helping us develop such a program?

All the best and Happy Holidays…

Eileen O'Connor (from ICLE)

Not if they got married.  they bought house pre-marital. Deed by operation of law is tenants in common if there was no designation on the deed.  Once they married and continued to live in the property as the  marital residence, the title designation automatically converts by operation of law to tenants by the entirety.  It is a non-probate asset controlled by the Deed not a will or the intestacy statute.

I agree with Tim.  If they married, the title was converted to tenants by the entirety by operation of law and the property goes to her by operation of law.

Could someone cite the Statute that transforms a Tenancy in Common to a Joint Tenancy upon marriage? I do know that married individuals can and do acquire real estate as Tenants in Common – especially in second marriages where there are children of a first marriage. I have never encountered the facts set forth in the question posed and it seems somewhat counter intuitive for the law to supercede what may be in other circumstances an estate plan consciously made to protect one's heirs.

Nope.

Peter Paras accurately laid out the law yesterday.

Robert E. Goldstein, Esq.
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I checked with a title agent from Chicago Title.  Marriage does not convert title to tenants by the entirety.  Deceased spouses's interest passes under the laws of intestacy.

Regards,

Larry S. Raiken, Esq.

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