Joint ownership with survivorship

This is a discussion on Joint ownership with survivorship within the Other Real Estate Law Matters forum, part of the REAL ESTATE & PROPERTY LAW category; If one of us dies and the survivor, we are not married. Can that survivor just take tje title and ...

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Old Jul 14th, 2009, 10:23 AM   #1
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Default Joint ownership with survivorship

If one of us dies and the survivor, we are not married. Can that survivor just take tje title and the death certificate to the clerk of courts or some where to have the name of the person removed from the title? I am concerned because if that person owed debts from credit cards can the collection agencies come after the house if that name no longer remains on the title and we are not a married couple??????
Where do I go and what do I do to remove the name?
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Old Jul 15th, 2009, 02:03 PM   #2
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If one of us dies and the survivor, we are not married. Can that survivor just take tje title and the death certificate to the clerk of courts or some where to have the name of the person removed from the title? I am concerned because if that person owed debts from credit cards can the collection agencies come after the house if that name no longer remains on the title and we are not a married couple??????
Where do I go and what do I do to remove the name?
You don't have the have the decedent's name removed from the title. Right to survivorship means just that. It would be a good idea to have a new deed drawn up for land tax purposes, however, it is not necessary.

Credit card companies and collection agencies cannot go after a house that is owned in its entirety by the surviving joint owner.

You cannot have a person's name removed from a deed. Only the person wishing to remove their name can do that.

All creditors will lay a claim on the estate of the decedent. Since the property is no longer the decedent's and it's not part of his/her estate (by virtue of the joint tenancy) it will not be levied, nor is it a matter for probate. Meaning, nobody can lay claim to that property who may be an heir.
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