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Can a spouse refinance a sole and separate property in a community property state?
Wiki User
∙ 11y ago
You can refinance your property if a bank agrees to refinance your property. If they find out you are separated, they could choose not to lend you more money.
Wiki User
∙ 9y ago
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If you inherit money from your parents will your spouse be entitled to it in California?
Generally, inherited property is separate property in a community property state.
If a spouse's parent dies and leaves inheritance does this become community property with your spouse?
Not immediately. When you inherit something it is separate property because it was specifically designated to go to you. If you put these funds in a joint account or share them with your spouse then it would likely be deemed as transforming to community property.
Does your spouse get half of your inheritance if yall get divorced?
It depends on the law of your state. In Texas, all property is presumed to be community property, unless you can show by clear and convincing evidence that it is separate. An inheritance is separate property. A spouse cannot be divested of separate property in a divorce. (It can be tapped to pay child support, however.)
What are a father's parental rights in Louisiana?
The laws of intestacy in Louisiana are unique. If you die without a will in Louisiana the laws of intestacy will distribute your property to your spouse and children. The division of the property depends on whether the property is separate property or community property. Community property is property that was acquired by a married couple during their marriage. Separate property is property that was inherited, owned before marriage, or gifts. Generally, the spouse receives no separate property. It passes to your children or grandchildren. The surviving spouse receives none of the decedent's share of the community property if the couple has children. Your community property will go first to your children. If you do not have children, your spouse will receive your community property. This comment addresses spouse and children only. For the full picture of intestacy in Louisiana an internet search will provide numerous articles and sites that discuss the details.
If one of the married partners acquires real estate by deed does that give the other spouse legal rights to that property?
It depends on the state that the property is in. In a separate property state the spouse would not acquire an interest. In a community property state if the property is acquired by deed during the marriage it becomes community property.
How long does a couple need to be married for property to be considered community property?
You do not necessarily have to be married to own jointly owned property and even when an individual is married for 60 years he could still keep property separate from his spouse. Property is considered jointly owned if you purchased it together (each contributing), your name is on the property, or in some situations when you are married and you have substantially contributed to the property. If your spouse has kept the property separate by keeping it in his name, only putting his money into it then it will be considered separate.
In what circumstances can separate property become community property?
Separate property can become community property through commingling, transmutation, or a legal agreement between spouses stating an intent to convert separate property to community property. Commingling occurs when separate property is mixed with community property, making it difficult to distinguish which portion is separate and which is community. Transmutation refers to the intentional change in character of property from separate to community through actions or behavior of the spouses.
In North Carolina is a spouse entitled to a portion of the other spouse's inheritance?
In general, no. First, North Carolina is not a community property state. Second, in general, inheritance remains separate property, even in community property states, unless the inheriting spouse commingles the assets (mixes the inheritance in with community assets; for example, deposits the money into a joint checking account).
What are Texas laws regarding intestacy?
Texas law can get very specific as to who has an interest in the intestate estate. Generally speaking, Texas is a community property state and therefore distinguishes between community property and separate property. There are different rules for each type of property. All of the community property belongs to the surviving spouse unless there are heirs that are not related to the surviving spouse. If this is the case, then the spouse will receive one half of the estate while the heirs will have the other half to divide among themselves. If there are no surviving children or heirs then the surviving spouse will inherit the separate property as well.The General order for distribution is:(1)spouse(2)children(3)parents(4)brothers and sisters
Can a married couple have a home in only one spouse name in Texas?
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.
In Texas does wife get all if husband die?
The answer is somewhat complicated.Community PropertyAll property acquired during a marriage is presumed to be community property. Under Texas laws, if you are married and are survived by a spouse and children, then:Your surviving spouse will inherit all your community property if all your children are also the children of your surviving spouse;Otherwise, all your one-half interest in the community estate will pass to your children, with your spouse keeping only his or her one-half interest.If you do not have any children, then your surviving spouse will inherit all of your community property.Separate PropertyIf your property is characterized as separate property, the distribution scheme is different:If you are survived a spouse and children, your surviving spouse is entitled to one third of your separate personal property and only a life estate (the right to use the property until his or her death) in one-third of your separate real property. The rest would be inherited outright by the children of the deceased spouse.If you are married but have no children or other descendants, your surviving spouse would be entitled to all the separate personal property. But if you have surviving parents and siblings, the surviving spouse would only be entitled to one-half of the separate real property with the other half passing to the parents, siblings or descendants of siblings in a manner set forth by the statutes.https://texaswillsandtrustslaw.com/2010/10/18/dying-without-a-will-the-texas-intestacy-statutes/
Is a wife liable for husbands car loan that she refused to sign?
It depends on whether you live in a community property state. Laws vary but generally, in community property states debts incurred by one spouse during the marriage are owned by both even if only one spouse signed. You need to check the laws in your state.The community property states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.The wife would not be responsible in a separate property state.It depends on whether you live in a community property state. Laws vary but generally, in community property states debts incurred by one spouse during the marriage are owned by both even if only one spouse signed. You need to check the laws in your state.The community property states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.The wife would not be responsible in a separate property state.It depends on whether you live in a community property state. Laws vary but generally, in community property states debts incurred by one spouse during the marriage are owned by both even if only one spouse signed. You need to check the laws in your state.The community property states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.The wife would not be responsible in a separate property state.It depends on whether you live in a community property state. Laws vary but generally, in community property states debts incurred by one spouse during the marriage are owned by both even if only one spouse signed. You need to check the laws in your state.The community property states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.The wife would not be responsible in a separate property state.
