I owned my house as a "joint tenant" or "community property" with my spouse who just recently passed away. What steps do I have to take for my house or "clear title" so I can sell it later?
If a married couple held title to real property as community property and one spouse passes away, then the surviving spouse will take from the deceased spouse their interest in the property, thereby leaving the surviving spouse with full interest in that property without the need for the property to go through probate administration.
The surviving spouse can file appropriate paperwork with the county in which the property is located in, along with a certified copy of the deceased's death certificate, to "clear title" and show that s/he is the sole owner of the property. This allows the property to be marketable.
The above can also occur if property is held in joint tenancy. Please note that the full ramifications of holding title to real estate as either community property or as a joint tenancy can be complex for different people. This article is just a brief overview for general informational purposes and should not be taken as legal advice of any kind.
