Yes. As long as the will was drafted properly according to state laws the court will approve it and the property will pass to the surviving spouse as long as there are no debts that must be paid by selling the real estate. The estate must be probated in order for title to pass to the surviving spouse legally. The property will be subject to any encumbrances that existed prior to your husband's death such as a mortgage.
quit claim deed
Your husband cannot use property as collateral if his name is not on the deed without written permission of the property owner. Some lending institutions will not allow this, even if the law does. In some cases, marital property is automatically considered joint property.
your husband can file a quit claim deed for 50% of the property to you.
If you are on the deed to the property you own a one half interest.If you are on the deed to the property you own a one half interest.If you are on the deed to the property you own a one half interest.If you are on the deed to the property you own a one half interest.
my aunt left me property in her will, and now I would like to sell the property, but I don't have a clear deed. how do i get a clear deed to the property so that I can sell the property?
If your husband refinanced his home and then conveyed it to you then you are the owner of the property subject to the mortgage. If the mortgage isn't paid the bank can take possession of the property. If your name is on the deed as the grantee then you have a right to the use and possession of the property until you convey your interest to someone else by a quitclaim deed. If your name is on the deed WITH your husband then you own a half interest and have the right to the use and possession of the whole property.
removing husband from home when name is not on the deed?
If the deed of this property is not in your wife's name and you went to court and the property was solely in you name then you can call the police for your estranged wife trespassing, but, if her name is on the deed and you have not seen a lawyer then she has a right to this property as much as you. I suggest you seek legal counsel.
If your husband's deceased former partner's name is still on the deed, it may complicate ownership of the property. It's important to review the legal status of the property, consult with a real estate attorney, and proceed according to the laws and guidelines in your jurisdiction to ensure proper ownership rights.
Then the husband is the sole owner of the property. Unless it is specifically written in the husbands Will (if he should die) the property belongs to him and him alone.
You can't get someone's name off a deed. He needs to execute a deed voluntarily that transfers his interest in the property to you. You will likely need to buy him out.You can't get someone's name off a deed. He needs to execute a deed voluntarily that transfers his interest in the property to you. You will likely need to buy him out.You can't get someone's name off a deed. He needs to execute a deed voluntarily that transfers his interest in the property to you. You will likely need to buy him out.You can't get someone's name off a deed. He needs to execute a deed voluntarily that transfers his interest in the property to you. You will likely need to buy him out.
If the property was owned by your husband then his estate must be probated in order for title to pass to his heirs legally. If there was no will the property will pass to his heirs at law under the state laws of intestacy. You can check your state laws at the related question link below.