Detailed Answer
Short answer: Possibly — but it depends on who held legal title when the sale or distribution happened, how the deed was written, and whether other creditors or lienholders had prior claims. In New Hampshire, a recorded right of survivorship can transfer full title to the surviving co-owner, but claiming surplus funds (the extra money left after a forced sale) requires proving your legal interest at the time the surplus was created and following the court or sheriff procedures for claiming those funds.
How timing and title affect your ability to claim surplus funds
Surplus funds arise when a property is sold in a foreclosure, execution sale, or tax sale and the sale price exceeds the amounts legally required to pay the lien(s) and sale costs. Who is entitled to those funds depends primarily on who owned the property (or otherwise held an enforceable interest) at the relevant time:
- If a joint tenant (with right of survivorship) survived before the sale: The survivor owned the full property at the time of sale. That survivor normally has the strongest claim to surplus funds, subject to other valid liens or claims against the property.
- If the forced sale occurred before a co-owner died: The estate or heirs of the deceased co-owner may have a claim. Surviving joint-tenancy rights typically operate at death; they do not retroactively nullify a sale that happened while both owners held title.
- If the deed did not create a clear right of survivorship: New Hampshire recognizes different forms of co-ownership: joint tenancy with right of survivorship, tenancy in common, and tenancy by the entirety (for married couples). The exact language of the recorded deed controls whether a survivorship right exists.
Common complications that reduce or defeat a survivorship claim
- Recorded liens or judgments: Mortgage lenders, judgment creditors, and certain tax liens that predate the survivorship event may have priority to proceeds from the sale.
- Improper deed language: Ambiguous or incorrect deed wording can mean no survivorship was created. Look for explicit