This is why in some situations you probably don’t want to take title as Joint Tenants with Right of Survivorship.

From a Chris Combs column that was reprinted 7 years ago on

“My husband and I purchased our home in Phoenix forty years ago. After he died three months ago, I learned that he had been having an affair with a lady in his office for almost ten years. In fact, not only did he transfer two of our bank accounts to her, he also gave her a deed to our home. Our probate attorney now says that because we had owned our home as Joint Tenants with Right of Survivorship, his lady friend now owns our home fifty-fifty with me. After both my husband and I have owned our home for forty years, how can my husband transfer one-half of our home without my consent or even my knowledge?” Chris Combs

To find out the answer, CLICK HERE.

FYI, there are equally disturbing stories caused when people take title as Community Property with Right of Survivorship. For example, the husband dies and his interest in the home goes to his wife which means his kids from a previous marriage get zilch but shortly afterwards the wife dies and her kids from a previous marriage get the whole house. It may not have been the husband’s intention to stiff his kids and give everything to hers in this situation.

You gotta talk to an attorney (NOT a real estate agent) about how to take title because it all depends on your unique, personal situation.

I have a list of real estate attorneys around here somewhere. Call me if you’d like a copy (my phone number is in the header of this page).