If my brother and I are on a deed for a house and he’s married but I’m not, if one of us was to pass away does the other receivetheir portion of the house?

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If my brother and I are on a deed for a house and he’s married but I’m not, if one of us was to pass away does the other receivetheir portion of the house?

Asked on January 6, 2012 under Real Estate Law, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It depends on what is written on the deed to the property that was filed with the county.  You and your brother own the property as joint tenants or tenants in common (depending on where you live and your state law).  Now, in order for the property to pass from you to him or him to you upon either of your deaths the deed has to say "with rights of survivorship."  It will not pass automatically with out those words.  Check it out then seek legal help. Good luck.


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