If you are married in a community property state, then yes, it is a community property. The mortgage is irrelevant - it is whose name on the deed that determines ownership.
Check the deed at the court house. There will be a lien against the property if their is a mortgage.
By definition a mortgage is secured on the deeds of the house. They will have the deed (or officially have their name legally registered for the property) if they have given you a mortgage.
A property cannot be mortgaged twice at once. Additionally, you must hold the title to the property to place it under mortgage. Unless the other mortgage is paid off and your parents give you the house, you will not be able to get a mortgage on it.
Yes. If you inherit a piece of property, including a house with a mortgage, you are legally obligated to pay its bills.
The type of deed will determine what happens to the property after her death. If there is a right of survivorship, you will get the house. The mortgage company determines whether you keep the mortgage or have to refinance.
yes. along with repairs to the property.
She would certainly have been wiser to get her name on the mortgage if she is paying it, however, she can still claim the status of common-law marriage, and community property (although specific laws vary by state).
Property acquired prior to marriage is separate property and remains separate unless the spouse is granted on title and contributes to the mortgage payments from community funds, then they acquire an interest in that separate property in proportion to their contributions. Paying insurance taxes, utilities is not considered a basis to make the property community.
Check the deed at the court house. There will be a lien against the property if their is a mortgage.
He should consult with an attorney to have a new deed drafted that is appropriate for your jurisdiction and creates the tenancy you desire. He should take care to let the attorney know if there is a mortgage. Most mortgage documents have a due on transfer clause that could trigger a demand for payment if any changes are made to the ownership of the property.
By definition a mortgage is secured on the deeds of the house. They will have the deed (or officially have their name legally registered for the property) if they have given you a mortgage.
the mortgage would not valid
A property cannot be mortgaged twice at once. Additionally, you must hold the title to the property to place it under mortgage. Unless the other mortgage is paid off and your parents give you the house, you will not be able to get a mortgage on it.
Yes. If you inherit a piece of property, including a house with a mortgage, you are legally obligated to pay its bills.
The type of deed will determine what happens to the property after her death. If there is a right of survivorship, you will get the house. The mortgage company determines whether you keep the mortgage or have to refinance.
You AND your husband are the owners of the house. Should you divorce, you have an equal investment in the house. The mortgage is in your husband's name, but should he die, you are responsible for this bill. If you default on the loan, you will foreclose on the house. The mortgage company does not care who pays the loan off, as long as it gets paid.
Whoever granted the mortgage to the bank must have owned the property at that time. If they later conveyed the property to a new owner they breached their mortgage agreement with the bank and the new owner took the property subject to the mortgage. The bank can take possession of the property if the mortgage isn't paid.