Disclaimer of Property

• A disclaimer of property is a legal means by which a person, including a spouse, named as a beneficiary in a will disclaims all interest in any inheritance. A spouse exercising a disclaimer of property would not receive any real property, including a home or place of business, left to her in a will document by her former spouse. A disclaimer of property is permanent and there's no way to take it back. Property disclaimed in this manner usually passes to the next immediate member of the family.
  
  

Will Document Contingencies

• A decedent's will document may provide certain contingencies for inheritance in the event a beneficiary disclaims interest in the inheritance. A surviving spouse may disclaim interest in real property bequeathed in the will if he wishes the next person in the line of inheritance to receive the property in question. This may be a means to help the surviving spouse avoid any associated property or inheritance tax payments associated with receiving the real property as an inheritance.
  
  

Spouse Owns Property

• A surviving spouse retains ownership of any real property with her name on its title. This includes any real property shared with the decedent. The surviving spouse doesn't usually need anyone's permission to sell the property and may do so at any time as long as the surviving spouse is the only living name on the title. If multiple living names exist on the title, each person must be in agreement to legally sell the property. Additionally, the decedent's will cannot legally bequeath co-owned marital property to someone other than a spouse unless all owners are dead. The surviving spouse may experience difficulty in selling marital property, including a home, if her former spouse died without a legal will.
  
  

Dying Without a Will

• If a spouse dies without a will, the state where the spouse lived must act on the decedent's behalf to conduct the distribution of property and pay remaining debts. A surviving spouse cannot legally sell any property from the decedent's estate until the state court probates the will and determines ownership of decedent's assets. This includes any co-owned property, since the probate court must satisfy the decedent's interest in the property and formally declare the surviving spouse as the sole owner.