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According to NY law if one spouse dies and the property was in both names who becomes sole owner of property?
Wiki User
∙ 15y ago
That depends on how the title was described in the acquisition deed. If the couple acquired as joint tenants with the right of survivorship or as tenants by the entirety the surviving spouse will automatically become the sole owner of the property.
Wiki User
∙ 15y ago
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.
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ARE THERE ANY PROPERTY OWNED BY ROBERT OR NORMA JOHNSON?
There are several properties owned by parties with those names.
What is a will?
A will is a legal document that specifies how a person's assets and property are to be distributed after their death. It allows individuals to outline their wishes regarding beneficiaries, guardianship of minor children, and other important decisions. Having a will in place can help ensure that assets are distributed according to the person's wishes.
How did slaves get their slave names?
Slaves often received names from their slave owners or were given names based on common naming conventions of the time. These names were used to identify and reference the slaves, further dehumanizing them and reinforcing their status as property.
When getting married do you keep your middle name or maiden name?
In the US, you have options for what you would like for your name to be after marriage. You may keep your name as given, you may drop you current last name and take your spouse's, you may drop your middle name, move your maiden to middle and take your spouse's last, you may tack the new last name to the end and have 4 names, you may hyphenate, you may merge your current and your spouse's name to form a new last, etc.
What does in rem judgment mean?
An in rem judgment is a legal decision that applies to a specific piece of property rather than a person. It determines the rights and obligations related to that property, such as ownership or liens, regardless of who the owner may be.
In MI Can one spouse buy a property cash without the consent of the other spouse?
With cash of course......Yes... Spousal Consent would be needed if the property was to be purchased by taking out a loan in both spouses names...But there are no laws requiring spousal consent for another spouse to make cash purchases of property...
How will property be split in Mexico if your spouse is a citizen of Mexico and you are a US citizen and the property is in both of your names?
it would go to the legal resident of the host country
How do you get property in your name if spouse dies without a will?
If the property is jointly owned by the married couple it generally reverts automatically to the surviving spouse and does not enter probate. If the married couple lived in a community property state the property does not need to have both names on the title for it revert to sole ownership by the surviving spouse. The procedure for changing deeds/titles to real property is established by state law. Contact the land recorder or assessor's office in the city or county where the property is located.
If a spouse did not contribute to the upkeep or purchase of the property are they entitled to half of the property?
No, the house is in the name of the one spouse. Which is why you MUST make sure you put both names on a deed.
Can only a spouse file chapter 7?
A married person may file for bankruptcy without including a spouse. The particular circumstances governing the situation will dictate whether this is or is not a wise decision. Property held in joint names such as a house may not be protected from inclusion in the assets to be distributed merely by reason of being in joint names with a spouse.
What are the laws in California if a spouse dies and both names are not on the house?
As a general rule, the surviving spouse can at least claim his/her community property interest in the property; the balance of the prop interest would be subject to claims by the decedent's heirs at law (children, siblings, parents, etc.). If there are no such heirs at law, then the surviving spouse should be able to claim 100%.
In New Jersey is the surviving spouse cars solely in the deceased names?
In New Jersey a car is the property of the person listed on the Certificate of Title. If the car is in the surviving spouse's name then it is not in the deceased spouse's estate. If the car was in the name of the deceased spouse, then it is in the decedent's estate, even if they both considered it to be the surviving spouse's car and was used solely by that spouse. The sole determining factor is whose name is on the Certificate of Title.
Is a separated spouse entitled to proceeds resulting from the sale of real estate by the other spouse in WV?
It depends upon who owns the property. If both names are on the title then each is legally entitled to 50% of the net proceeds. If the property is in the name of the "other spouse" alone then they have no legal obligation to share the proceeds. Of course, that might change if the couple was in the process of a divorce and the divorce had been filed.
If both names on deed can spouse of deceased quit claim property to children?
In a situation where spouses hold property as joint tenants with right of survivorship, the death of one spouse makes the property belong wholly to the surviving spouse (subject to any mortgage or liens, etc.) Any owner of real property can quit claim their interest. So, yes. But a warranty deed (a regular deed) is a better way to go, especially when the property is being passed to more than one person, such as the case here. You want the deed to specify how the siblings hold the property, likely as tenants in common.
Does a surviving spouse in Georgia have to pay an attorney to draw up a new deed to remove the name of the deceased spouse if both names were on the original warranty deed?
If you acquired the property as joint tenants with the right of survivorship then you automatically own the property as the surviving spouse. You do not need to record a new deed. You need to record a copy of the death certificate in the land records as notice that the other joint tenant has died. Any professional checking the title to your property will note the joint tenancy recited in your deed, see the death certificate for your spouse and know that by operation of law you are now the sole owner of the property.
You are filing bk chapter 7 but spouse is not your house is just in your name you also have land that has a mortgage in just your husbands name but both names are on deed will the land get taken from?
Ownership of real property is determined by the names on the deed.
Is it better to title a car in both names or in one for married couples if the loan is in both names?
It dekpends upon the laws of the state in which the married couple reside. In community property states all property acquired during marriage is considered jointly owned regardless of whether both or only one spouse's name is on the title or deed. If both spouse's are on the lending agreement it would be prudent for both to be listed on the title preferably with their names separated by "and" rather than "or".
