Beneficiary to one of a joint tenancy?

zeebra said:

What is the name of your state (only U.S. law)? MN
I own a house with my ex-wife. It has been for sale for over 2 years according to our J & D. I am wondering if I can have a beneficiary to my half of the house, in the event that I should die before it is sold. How do I go about accomplishing that?

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justalayman said:

I do not believe a divorce automatically alters a joint tenancy to a tenancy in common. Unless it does, you would have to dissolve the joint tenancy and create a tenancy in common. As long as there is a joint tenancy, the surviving tenant assumes ownership of the deceased tenant's interest. There is nothing a will can do to change that.

While there are means to do just that, I suspect due to the divorce and the fact it is held as joint tenants at the time of the divorce, the ex may be able to successfully contest that change. You are effectively removing an interest she has in the property outside of the divorce.

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LdiJ wrote

I know that there are at least some states that have written laws stating that in the case of a divorce, a joint tenancy with rights of survivorship automatically becomes a tenancy in common. There was a big discussion about that on these forums a few years ago, and alot of case law/statutes posted.

However, he should consult a local attorney to be certain exactly what is or isn't possible.

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And so we hold, as the Minnesota court did in Snyder v. Snyder, supra, although we base our opinion on somewhat different reasons,

"... that in a divorce proceeding where there is a final disposition of jointly held property, such a decree effectuates a severance of the joint tenancy unless the decree specifically declares that the parties shall continue to hold the property as joint tenants instead of as tenants in common." 298 Minn. at 50, 212 N.W.2d at 874.

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