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So You’re Divorced…What Happens to Your Ownership Interest in Your House?

In most cases, a divorcing couple will specifically set forth the terms regarding disposition of the marital real estate in the divorce agreement. When a married couple purchases real estate in Connecticut, they automatically own the real property as joint tenants which means if one spouse dies, the other spouse automatically owns 100% interest in the real property. In the event that a divorcing couple fails to set forth details regarding the disposition of any real property owned by the couple, according to the Connecticut General Statutes, whenever a husband and wife are joint tenants in the same real estate, a dissolution of the marriage, unless the divorce decree otherwise provides, severs their interests and automatically converts them into tenants in common. As tenants in common, upon the death of either party, the interest of the deceased co-tenant will pass to the co-tenant’s heirs.