0
Can a married couple have a home in only one spouse name in Texas?
Wiki User
∙ 15y ago
Yes is the strict answer, but in a divorce the gloves come off and the strict terms of the Texas Family Code come into play, even if some property is in one name.
The law states:
"Each spouse has the sole management, control, and disposition of that spouse's separate property. Except as otherwise stated in the Texas Family Code, a spouse's separate property consists of: (1) the property owned or claimed by the spouse before marriage; (2) the property acquired by the spouse during marriage by gift, devise, or descent; and (3) the recovery for personal injuries sustained by the spouse during marriage, except any recovery for loss of earning capacity during marriage. Community property consists of the property, other than separate property, acquired by either spouse during marriage. Property possessed by either spouse during or on dissolution of marriage is presumed to be community property. The degree of proof necessary to establish that property is separate property is clear and convincing evidence." -From Sections 3.001 through 3.101 of the Texas Family Code.
Wiki User
∙ 15y ago
Add your answer:
Earn +20 pts
Married couple have Florida deed in Fee Simple spouse dies intestate does deceased spouse's child from previous marriage have any claim to interest in home Is Florida default Tenancy in the Entirety?
The default tenancy on a deed to married persons in Florida is tenancy by the entirety.
If a teenage girl is married and has a baby can she leave home?
If she is married, and her spouse can support her, of course she can leave home.
When the wife moves out of the home even though the home is her personal property can the spouse refuse to move out because of a child 17 yrs old living with him?
It will depend on the laws at that location. In most states the spouse has rights in any property owned by the couple while they are married.
If you are about to get married and you are filing Chapter 7 bankruptcy will this bankruptcy affect your spouse in any way after the marriage?
It will only affect the non-filing spouse if the couple apply for some type of joint credit, such as a home mortgage. It will not affect the new spouse's credit report/score.
How can a home be protected when it is jointly owned by a married couple and only one spouse files for bankruptcy?
It depends upon how the property is titled and the homestead exemption allowed. In community property states the home of a married couple will become a part of the bankruptcy if it was acquired during the marriage and if it is not covered by the homestead exemption. In non CP non TBE states a home is not at risk as long as it is protected by the homestead exemption and only one spouse is the debtor/filer. In states that allow property to be held as TBE by married couples the home would not be subject to BK action regardless of the homestead exemption amount when only one spouse is the debtor/filer. FYI, it is advisable for married couples living in community property states to file a bankruptcy jointly even if only one spouse has incurred the debt.
What is the effect of marriage of a citizen to an alien?
The immediate effect is that the married couple now have no place in the world where they can legally live together. The solution is for one spouse to obtain legal immigration status in the other spouse's home country. Foreign spouses of citizens are usually given preferential treatment for immigration. That is to say, it is usually easier for someone married to a citizen to obtain citizenship, than for someone who is not married to a citizen.
If a married spouse buys a home in his name only is that considered marital property upon his death?
no
If you file bankruptcy and your spouse dies in 6 months does the trustee take your house or do you get to keep it due to Tenants by Entirety rights of surviorship?
TBE homestead protection is severed once a spouse dies or the married couple divorce. Therefore the home would be subject to BK laws if it is not protected by the homestead exemption.
In Texas can a spouse of a convicted felon own gun if they keep it in gun safe in home?
The general answer is yes, the spouse of a felon can owna gun as long as the felon has no access to it.
Is it legal to kick your spouse out of the home when you live in New York?
No, unless it is a matter of domestic violence and then the abused spouse can get a court order banning the abuser from the home until the issue has been settled. In most cases, married couples even when the residence is in the name of only one spouse are presumed to be equally entitled to the use of the property. Which is one of the reasons for having to file a dissolution of marriage petition when a couple decides to end their relationship.
Does beneficiary's spouse sign off upon sale of home from estate?
It will depend on the specific laws of the state in question. In most cases a spouse has an interest in the real property that their spouse owns while they are married.
When a couple is married and one owns a home does this home become community property?
Laws vary in community property states, but in general, if the home was owned by your spouse before you were married and you moved into this home after you were married - the home is his. What you own prior to marriage is yours when you end the marriage. But it is not quite that simple. During the course of the marriage, your property will increase in value. If your spouse contributed to the costs of maintaining or improving the property, she is entitled to a percentage of the increase in value. Contributions don't necessarily have to be monetary either. You will still get to keep the house, but you may have to buy out her percentage from the your share of the total assets. You need to work with your attorney to establish a monetary value for those contributions.
