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Can a lendor get a lien on a home owned by both spouses if the debt is to one spouse?
Wiki User
∙ 14y ago
Yes, and regardless of your State, marital status, or any homestead exceptions. However, most credtiors can only put a judgment against the title of real property which are junior to a lien position. Exception would be any loans collateralize by the property and any trade service preformed on the property. However, at the end of the both liens and judgments get paid at closing on the sale or transfer of the property.
Wiki User
∙ 14y ago
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Is a spouse in Missouri responsible for the other spouses debt?
The basic assumption is that yes, the spouse is jointly responsible. It is assumed that both spouses will benefit from the transactions.
Does a spouse have the right to money received from a home equity loan if the loan is in the other spouses name but the deed is in both their names?
Yes they do
What is the meaning of non vested spouse on a mortgage where both husband and wife are the mortgagees?
if the wife owned a home prior to marriage and the spouse signed non vested spouse. does the home still belong only to the wife.
If one spouse's name is on the deed and mortgage does the other spouse have any rights of claim to the property?
If it's the primary residence, both spouses have equal rights of ownership regardless of whose name is on the deed or mortgage. Second homes or investment properties do not apply to this. The court assumes "tenants in common" ownership for any married couple regarding their primary residence. (there may be an exception in some states if the house was owned by one person before they got married, and now the spouse lives there too - ask a lawyer if that's the case)
Is a wife liable for her husband's car loan if she does not sign the loan?
It depends on the laws in your jurisdiction. In the United States, both spouses are responsible for debts incurred by either spouse in a community property state. That isn't so in separate property states whereby a spouse is not responsible for a debt on a loan they didn't sign. There are also variations of those rules in different states. If you still have questions you should consult with an attorney in your jurisdiction.It depends on the laws in your jurisdiction. In the United States, both spouses are responsible for debts incurred by either spouse in a community property state. That isn't so in separate property states whereby a spouse is not responsible for a debt on a loan they didn't sign. There are also variations of those rules in different states. If you still have questions you should consult with an attorney in your jurisdiction.It depends on the laws in your jurisdiction. In the United States, both spouses are responsible for debts incurred by either spouse in a community property state. That isn't so in separate property states whereby a spouse is not responsible for a debt on a loan they didn't sign. There are also variations of those rules in different states. If you still have questions you should consult with an attorney in your jurisdiction.It depends on the laws in your jurisdiction. In the United States, both spouses are responsible for debts incurred by either spouse in a community property state. That isn't so in separate property states whereby a spouse is not responsible for a debt on a loan they didn't sign. There are also variations of those rules in different states. If you still have questions you should consult with an attorney in your jurisdiction.
Is a spouse in Missouri responsible for the other spouses debt?
The basic assumption is that yes, the spouse is jointly responsible. It is assumed that both spouses will benefit from the transactions.
Can a spouse open mail if both spouses names are on the mailing?
Of course. It's addressed to you.
If both spouses are on the house deed and one dies can the children go after the house?
That depends on how the property was titled. If the spouses owned as joint tenants with the right of survivorship or tenants by the entirety (as most married couples do) then you have no claim whatsoever. In that case, the property automatically passed to the surviving spouse. If it happens the property was owned as tenants in common then you may acquire an interest in your deceased parent's half along with the surviving spouse providing the parent didn't leave the property to their surviving spouse by will. First check the tenancy on their deed.
Who inherits in an intestate estate in South Africa?
It depends. If the deceased had a spouse (or if he was in a polygamous marriage) but if he had no descendants, the spouse (or spouses) will inherit the estate. If there are only descendants but no spouses, then it will be they who inherit the estate. In case there are both spouse(s) and descendants, the spouse will receive R125 000 and the balance will go to the children. Also, if there are neither descendants nor spouses, the parents (or one parent and the other descendants of that parent) will split the estate equally.
In Virginia can one spouse enter the marital home owned by both spouses with a locksmith to retrieve their personal belongings and furniture without breaking the law?
As long as there is no court order, each spouse has equal rights to the marital home so the answer is yes. In addition, one spouse does not have the right to change the locks absent a court order barring the other party from entering the premises.
Why are you responsible for your spouses credit card debt after his death in the state of California?
The estate has primary responsibility. But the debts of a spouse are a benefit to both of them, so both have the responsibility.
Does a spouse have the right to money received from a home equity loan if the loan is in the other spouses name but the deed is in both their names?
Yes they do
Do both parties in a divorce have to show up in court?
No.... If the none attending spouse doesn't contest to the divorce. Also if one of the spouses does not show the spouse that shows is granted what they request in the divorce proceedings
Does bankruptcy affect both spouses in Minnesota?
Bankruptcy has some effect on both spouses regardless of where they live. Unless the two spouses have taken great care to ensure that their assets are entirely separated from one another, then there is likely to be some part where the spouse will be financially affected by a bankruptcy. For details you should contact a Minnesota bankruptcy lawyer (see related links). They will be able to provide specific information about how a spouse could be affected by bankruptcy.
IS a spouse responsible for their spouses debt in New York?
In New York, spouses are generally not responsible for each other's separate debts. However, debts incurred during the marriage may be considered marital debt, and both spouses may be responsible for that debt, regardless of which spouse incurred it.
If you have insurance with your employer and your spouse has insurance on you also which insurance is the primary?
If both you and your spouse have full medical coverage then the insurance compnay will revert back to your and your spouse's date of birth. Whoever's birthdate is first in a calendar year, then that is the primary insurance. For example, if your birthday is November 1, but your spouse's birthday is February 12, then your spouses insurance is primary for both of you.
In California can a spouse revoke a revokable living trust without the other knowing?
No, it is not possible for a spouse to revoke a revocable living trust without the other spouse knowing in California. Both spouses typically have rights and responsibilities in managing community property, including property held in a revocable living trust. Any changes made to the trust would likely require the knowledge and consent of both spouses.
