If real property granted in a divorce does not have the joint ownership changed and one dies with no will-who owns the property?

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Property was deliberately left as joint ownership for more than 20 years after the divorce.

Attorney Answer

1
Bradley Ratliff ·
In Virginia, it would solely depend on the language of the deed. If the property were titled as tenants by the entirety with right of survivorship - and the divorce was final - the property reverts to tenants in common. The surviving spouse would own 1/2 and the heirs of the decedent would own the remaining 1/2. If the property was titled as joint tenants with right of survivorship, the property would vest in the surviving individual. You should seek out advice of an attorney in your jurisdiction to get an opinion on the language of the deed.
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