Joint Tenancy and Community Property Question

[huntbot]

I own a ranch with substantial acreage in New Mexico with my mother. We are listed as Joint Tenants on the deed. The deed does NOT say "...as joint tenants with right of survivorship." It merely says "...as joint tenants."

My mother has remarried since she and I took ownership of the property. New Mexico is a community property state.

So my questions are:

1.) Do I need to change the deed to include "with right of survivorship," or is that already implied in the wording "joint tenants?" I'm looking to avoid the probate mess and have an easier time with the property title transference when my mom passes on.

2.) What exactly is the property ownership scenario as it stands with my mother being married again? Do I own 50%, she own 25% and her new husband 25%? Is it that clear-cut?

3.) What does my mother now have to do to make sure that when she passes on I have total ownership of the property? Is her husband now going to have to choose to leave me "his" portion?

Thanks for any advice!

[divgradcurl]

1.) Do I need to change the deed to include "with right of survivorship," or is that already implied in the wording "joint tenants?" I'm looking to avoid the probate mess and have an easier time with the property title transference when my mom passes on.

Joint tenancy in New Mexico implies the rights of survivorship.

2.) What exactly is the property ownership scenario as it stands with my mother being married again? Do I own 50%, she own 25% and her new husband 25%? Is it that clear-cut?

Simply getting married does not change "separate" property into "community" property. Since she owned the property prior to her marriage, the new husband does not have an interest in the property unless she gives him one.

3.) What does my mother now have to do to make sure that when she passes on I have total ownership of the property? Is her husband now going to have to choose to leave me "his" portion?

If the property remains her separate property and remains titles as joint tenants, then you don't have to do anything -- you, as the surviving joint tenant, will receive the decedent's part of the joint tenancy automatically.

However, generally any joint tenant can, on their own during their life, sever the joint tenancy and turn the joint tenancy into a tenancy in common -- so even though everything looks okay now, if your mom ever decided that she wanted her half of the property to go to her new hubby, she could do that by severing the joint tenancy and then bequeathing her half of the now common tenancy to her new husband. In order to avoid such a situation, it might be worthwhile to talk with a local attorney to figure out how best to protect the property and to make sure the property is dealt with properly.