If husband and wife own property jointly with the husband's mother will the wife own two-thirds of the property if her husband dies?

It will depend on the wording of the deed. It could be that each woman owns half of the house if there are 'rights of surviorship' involved. Property that is held as Joint Tenants or Joint Tenants With Rights of Survivorship, automatically passes to the surviving owners and is not subject to probate procedure. Think of it this way:

  • If three people own real estate as joint tenants with the right of survivorship and one dies, their interest disappears and the two survivors own the property in equal shares.

The division of real property is always determined by the titling of said property with the exception of a married couple who reside in a community property state.

Property held as Tenants In Common does not automatically pass to the surviving owners. It passes to the owner's heirs-at-law according to the state laws of intestacy and is subject to probate procedure. It can be attached by creditors of the deceased to extent of the share. If the three above owned as tenants in common then the surviving wife may own two-thirds.

You should consult with an attorney who is familiar with your state laws of probate who can review your deed, explain your rights and determine the status of the property.