divorce decree and probate

UPDATED: Sep 30, 2022

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divorce decree and probate

My ex-husband and I divorced last year. Per our divorce decree he would get the home as his sole and separate property in compliance with paying equalization provisions. He did not meet the first equalization payment. He then passed away 3 months prior to the 2nd payment. We are joint tenants on the deed. Since I am the only survivor of the deed, can I sell the home or does it go to his estate? There is no Trust or Will.

Asked on December 19, 2016 under Estate Planning, Arizona


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If you were, as you seem to have been, joint tenants with right of survivorship and the title was never transferred solely to his name due to his noncompliace, then the home becomes your automatically, as sole surviving tenant, and does not become part of his estate. While there may be some paperwork or court authorization necessary for the formalities--check with the clerk of the probate or surrogates court--it should be yours to do with as you wish. 

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