Confusing real estate situation

[Chuzzle]

What is the name of your state (only U.S. law)? Virginia

Dad and Mom bought a house in 1970. Divorced in '75. Dad remained in the home and remarried in '93. Dad passed away this year with no will.

The deed was never changed and Mom was not taken off nor was 2nd wife added. The deed reads Dad's name, Mom's name and "tenancy by the entirety with right of survivorship."

Who now owns this property?

Our lawyer told us that it automatically reverted to Mom, so we did not have the title changed. We were told by the lawyer that a deed search would show Mom as owner and death certificate of Dad. Mom now wants to borrow against the home and Mom's loan officer says he wants the deed changed over to her name alone.

But now the lawyer is telling us that 2nd wife has a claim on the property and Mom can't put the deed in her own name. "Us" are her and late Dad's children. We are all working together on this.

We're also really confused.

 

[anteater]

The deed reads Dad's name, Mom's name and "tenancy by the entirety with right of survivorship."

Since tenancy by the entirety is only available to married couples and generally would convert to tenancy in common upon divorce, I would suggest, at best, that Mom owns 50% of the property.

 

[Chuzzle]

Thank you for your reply.

I understand that the tenancy by the entirety would revert to TIC upon the divorce, it's the right of survivorship part we couldn't figure out. I guess that part is null and void as well?

 

[anteater]

It is redundant since tenancy by the entirety includes right of survivorship.

 

[Chuzzle]

Thank you again for your help!