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If property was owned by deceased spouse prior to marriage what is the property rights of the surviving spouse with no will?
Typically the spouse inherits the entire estate unless there are children involved.
What if your spouse inherits property and then dies does the surviving spouse inherit the property in the state of Maryland?
If there are no wills involved, that is the way it typically works. However, there are often clauses in wills that can affect this.
In Florida if your parents are refinancing would your spouse need to sign the mortgage?
Not unless your spouse is on the title to the property. If not and your spouse signs, then your spouse will be fully responsible for paying the mortgage.Not unless your spouse is on the title to the property. If not and your spouse signs, then your spouse will be fully responsible for paying the mortgage.Not unless your spouse is on the title to the property. If not and your spouse signs, then your spouse will be fully responsible for paying the mortgage.Not unless your spouse is on the title to the property. If not and your spouse signs, then your spouse will be fully responsible for paying the mortgage.
In Indiana is the surviving spouse responsible for repayment of debt when the deceased spouse was the only account holder and could a lien be placed on the home?
No, Indiana is not a community property state. Indiana is a Tenancy By The Entirety state which means jointly owned marital property passes directly to the surviving spouse and is not subject to probate procedure not creditor attachment when the deceased spouse was the sole debtor.
What about if one spouse dies in a non community property state?
In a non-community property state, assets acquired during the marriage are typically considered separate property unless they are jointly titled. If one spouse dies, the distribution of their assets will generally follow the deceased spouse's will or, if there is no will, the state's intestacy laws. The surviving spouse may inherit a portion of the deceased spouse's separate property, but this can vary based on the state's laws and whether any children or other heirs are involved. It's advisable for the surviving spouse to consult a legal professional for guidance on their specific situation.
When a spouse dies with property that is inherited in Ohio does that property convey to the surviving spouse if there is no will?
yes
Is surviving spouse responsible for other spouse's debt?
The laws presume that the spouse inherits at least half, if not all, of the other spouse's assets. But the estate has to liquidate all debts before they can transfer any assets to the spouse. One way or another, the spouse ends up paying the debt. The spouse has some right in all real property owned by the husband. If the assets are not enough to cover the debt, the real property may have a lien placed against it to cover those debts.
In Maryland can a spouse's wages be garnished or have a lien on placed property in their name only that was bought before the marriage if the other spouse is the only one listed on the judgment?
Yes and no. It depends on the state that you live in. See an attorney.
What happens if you are not on title and your spouse dies?
In most cases the spouse has a right in the property, even if they are not on the deed. If there is no will, the spouse typically inherits the property.
When a couple owns a lot of property in Georgia and one dies does all the property go to the spouse?
In Georgia, whether all property goes to the surviving spouse depends on how the property is titled and whether the deceased spouse left a will. If the property is jointly owned with the right of survivorship, it automatically passes to the surviving spouse. However, if the property is solely in the deceased spouse's name and there is no will, Georgia's intestacy laws dictate that the property may be divided among the surviving spouse and any children. It is advisable to consult an attorney for specific legal guidance in such situations.
What are the legal rights in a divorce case involving real property owned by only one spouse?
State laws vary on this issue. If you live in a community property state your spouse may have rights in property titled in your name alone. If you live in a non-community property state the court can redistribute property according to the needs and contributions of the parties involved. You should seek the advice of an attorney in your area.
In Hawaii if a married spouse expires is the surviving spouse responsible for a credit card debt of the deceased spouse if the living spouse never signed any document?
The estate is going to be responsible for any bills. But the assumption is that the wife inherits the husband's assets. One way or another, the spouse ends up paying the debt. The spouse has some right in all real property owned by the husband. If the assets are not enough to cover the debt, the real property may have a lien placed against it to cover those debts.
