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Need help from real estate paralegal - Tenants in common W/O Right of Survivorship
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Our office represents Husband in a divorce. Parties have been separated for 8 years, but are just now actually getting around to the actual divorce. Wife has a new fiance'. New Fiance purchased a property a couple of years ago. Within 30 days of purchase, New Fiance added Wife onto the title. The deed says "Not as tenants in common, but with right of survivorship".

Questions:

  1. Does wife an an equitable interest in the property?

  2. If Wife does have an equitable interest in the property, in theory, could her interest be sold either to her fiance' or a third party?

  3. What would Wife's equitable interest be?

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Posted
4 years ago