Legal Question in Real Estate Law in Colorado

Re: joint tenancy

If you had a joint tenancy and your husband did not sign and record a deed transferring his interest to a third party during his lifetime (i.e., to his new wife), then upon your ex-husband's death you would have normally succeeded to your ex-husband's interest as the sole surviving joint tenant. The quitclaim deed only grants the interest the new wife has on the property which, if the facts are as I stated above, would be nothing.

I would suggest obtaining a title report on the property in order to determine whether your ex actually transferred his interest. If he did during his lifetime, then the joint tenancy would be broken and both of you would have what is known as a tenancy in common interest. In that case, upon your husband's death, the now tenancy in common interest held by your husband would pass to his new wife, unless he had a written will or trust document that stated otherwise. In this instance you would not have the right to sign anything saying that you agree to the quitclaim.