When “Joint” Isn’t Joint Enough—Property Titles & Ownership Surprises

Introduction

You might think owning something “together” means exactly that—you and your spouse, sibling, or business partner share equal ownership and control. But in Minnesota, the way property is titled matters just as much as who you think owns it.

After a death, the wrong title type can mean property you believed would automatically pass to the other owner instead winds up tied up in probate—or worse, partially inherited by someone else entirely.

Real-Life Scenarios

• The mistaken assumption: A husband and wife buy a cabin “together,” but the deed lists them as tenants in common rather than joint tenants with right of survivorship. When one spouse dies, their half doesn’t go to the surviving spouse — it goes to their estate, which may mean a probate case and unexpected heirs.
• The outdated deed: Parents add an adult child to their home title for convenience, but when one parent dies, the surviving parent learns the title wasn’t structured to allow full ownership transfer without probate.
• The blended family twist: In a second marriage, a couple owns a home together. The deed doesn’t specify survivorship rights, so when one spouse dies, their share passes to their children from a prior marriage — leaving the surviving spouse as a co-owner with their stepchildren.

The Fallout

When the title doesn’t match your intent, the consequences can be serious:

• Unwanted co-ownership with relatives or strangers.
• Forced sale of the property to divide ownership shares.
• Delays in selling or refinancing because ownership is in dispute.
• Costly and lengthy probate proceedings to legally transfer ownership.

Minnesota-Specific Title Rules

In Minnesota, property can be owned in different ways, and the title wording controls what happens after death:

• Joint Tenancy with Right of Survivorship (JTWROS): The surviving owner automatically inherits the deceased’s share—no probate needed.
• Tenancy in Common: Each owner’s share passes according to their will or intestacy laws — not automatically to the other owner.
• Torrens vs. Abstract Property: Torrens property (with a Certificate of Title) may be easier to update, but the ownership type still governs transfer.

If your title doesn’t clearly say joint tenancy (or another survivorship arrangement), probate could be unavoidable — even if your will says otherwise.

How to Avoid This

• Check your deed and title now to confirm the ownership type matches your wishes.
• Update outdated or incorrect deeds to add survivorship rights where appropriate.
• Work with an estate planning attorney to coordinate property titles with your trust, will, and beneficiary designations.
• For married couples in Minnesota, consider whether a transfer-on-death deed (TODD) is appropriate to ensure the property passes without probate.

👉 Takeaway:

Titles aren’t just paperwork — they’re the law. If the deed or ownership record doesn’t match your intentions, Minnesota courts will follow the title, not your verbal promises or even your will.

Before it’s too late, review your property titles with your estate planning attorney to ensure the right people inherit the right assets—without probate, conflict, or surprises.

To learn more about estate administration, keep an eye on our Events page located at: https://www.wagnerlegalmn.com/events/.

If you need assistance after a loved one has passed, or you would like to discuss your estate plan, please contact us to get started.

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