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A person has right to survivorship to property in Ct and the spouse who died had a judgment lien on the property in his name only is this lien still valid?
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Does widowed spouse inherit as right of survivorship or joint tenant in VA?
If she and her husband were both on the deed, it will be survivorship. If not, she will have a claim on the property.
In North Carolina if husband and wife are both on a deed to a home and one dies can the other person sell?
That depends on how they held tenancy. If they held with the right of survivorship then the surviving spouse would own the property. There would be survivorship rights in a tenancy by the entirety or a joint tenancy with the right of survivorship. If they held as tenants in common others may have an interest in the property if the decedent didn't devise their share to the surviving spouse by will.
Spouse has been dead less than a year. Can property owned tenants by the enterities with right of survivorship be sold?
Yes. Property held as tenants by the entirety becomes the sole property of the surviving spouse bypassing probate. It can be sold by the surviving spouse.
How do you get all property to the surviving spouse in a common property state?
You should title all property as joint tenants with the right of survivorship or as tenants by the entirety.You should title all property as joint tenants with the right of survivorship or as tenants by the entirety.You should title all property as joint tenants with the right of survivorship or as tenants by the entirety.You should title all property as joint tenants with the right of survivorship or as tenants by the entirety.
What are the benefits of adding a spouse name to a house deed?
The advantage would be for the spouse if you reside in a community property state where survivorship goes to the spouse should a death occur and property is divided 50/50% in cases of divorce.
How do you know if you have right of survivorship on a property you own with a non-spouse?
A right of survivorship must be set forth in the deed by which you acquired your property. If the deed doesn't state you received the property as "joint tenants", or as "joint tenants with the right of survivorship" which is required in some jurisdictions, then you own as tenants in common and have no survivorship rights. If you review your deed and the answer isn't clear you should consult with the attorney who represented you at your closing who can draft a confirmatory deed with survivorship rights if necessary.
Can a credit card company put a lien on a jointly owned property when only one person is named the debtor in North Carolina?
Maybe, it depends upon how the property is titled. Generally when a judgment debtor is married and the spouse is not a part of the judgment order, then real property cannot be attached by the judgment writ.
Can a spouse quit claim a home to the non debtor spouse to prevent a property lien by a judgment creditor in Ohio?
A property lien is an attachment to the property, not the debtor. The answer would be "no", that won't help you get out of paying the debt.
What happens when a married person dies and leaves no will?
Generally, when a married person dies intestate (without a will) any interest in property held with the spouse as joint tenants with the right of survivorship, or tenants by the entirety, automatically passes to the spouse. Any individually owned property passes according to the laws of intestacy. Those general rules govern non-community property. Property is distributed differently in community property states. See the related question below for a link to state by state intestacy laws.
According to NY law if one spouse dies and the property was in both names who becomes sole owner of property?
In New York, if property is held jointly with right of survivorship between spouses and one spouse dies, the surviving spouse becomes the sole owner of the property. This means that the property automatically transfers to the surviving spouse outside of the probate process.
Can a spouse's income be garnished by a judgment creditor?
Yes, if the spouse is a co-debtor and named in the final judgment writ. Or the married couple reside in a community property state and the debt was incurred during the marriage.
How do you remove a judgment from a home that was awarded in a divorce if the deed to the property was never transferred to the non debtor ex-spouse?
If the judgment lien was placed before the divorce and not paid or settled the property could not have been conveyed to another party regardless of the terms divorce decree. If the couple lived in a community property state the property lien is against both of them even though only one spouse incurred the debt and the awarding of the home in the divorce decree is irrelevant as to the validity of the judgment. Before the deed can be conveyed to the spouse who was awarded the property the judgment will have to be paid or settled according to the terms of the lien holder.
