Gary Singer discusses real estate “Rights of Survivorship.”
Q: My father lives in a condo that he, myself and my sister all own as “Joint Tenants with Rights of Survivorship.” He just got married, and I am wondering what his new spouse’s rights will be regarding the property? — Steven
A: To answer this question, we will need to discuss what “Rights of Survivorship” means. Normally, when multiple people own property, they all own an equal share unless it was agreed otherwise in advance. For example, if Bob and Steve buy a property and put both names on the deed, they will own it 50-50. This is known by real estate folks as “Tenants in Common.” In this situation, if one of them dies, that person’s heirs, usually a spouse and children, will get their interest in the property.
Sometimes, a co-owner will want the other co-owner to get the property in case one of them passes away. This is sometimes used as an estate planning tool, or for business purposes. In this case, the co-owners can instead elect to own the property as “Joint Tenants with Rights of Survivorship,” and then if one co-owner dies, the other will continue to own the property, in effect absorbing the departing owner’s portion. In this case, since the other co-owner gets the full ownership, there is nothing left to go to the heirs.
This situation gets more confusing because the property is your father’s home. Typically, a surviving spouse gets special protections to continue to live in the family home when the property-owning spouse passes away. These protections are robust, but there is an exception for property owned with co-owners vested with “Rights of Survivorship.” It seems in your case that the new spouse would not have any interest in the property if your father were to pass on.
However, these sorts of situations can be complicated, and the wording of the deed and other small things can make a big difference. You should speak with an appropriate professional to be sure what is going to happen in your situation.