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Does a spouse have rights to property while in jail if her husband's name is on the deed?
Wiki User
∙ 11y ago
It depends heavily on individual state laws. Typically what happens in the event of lengthy incarcerations is divorce. Because most correctional facilities will not writ out inmates for civil proceedings, these divorces are uncontested and default judgments are entered for the non-incarcerated spouse, thereby granting full property rights.
If you are both on the title as joint owners each owns an interest in the real estate and each has the full rights that property ownership bestows on any property owner in your state. If only the husband's name is on the deed and he is in jail, that factor in itself does not bestow any property rights on you. If only your husband's name is on the deed and you are in jail, title would depend on whether you live in a community property state and the property was a acquired during the marriage. Community property rights would not be affected by incarceration.
Wiki User
∙ 11y ago
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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.
Can a spouse sell any personal property while they are separated?
If the property rightfully belongs to the spouse, then yes they can sell it. If they do not rightfully own the property, then they cannot legally sell the personal property.
Could woman in great Britain in the 1600's own property?
Yes, women in Great Britain in the 1600s could own property. However, the extent of their property rights and ownership varied depending on their marital status and social class. Married women typically had limited property rights as their husbands often controlled their assets, while single or widowed women had more autonomy in owning and managing property.
What am I entitled to if I am married and not in my spouse's will in California?
California is a community property state. Generally, anything that a married couple accumulates during the marriage is considered community property, that is, both spouses own an undivided share of the whole. Community property courts start with a strong presumption that anything acquired during marriage is a community item, the spouse claiming a particular item is not community property has the burden of proving otherwise. It is important to note that anything obtained before the marriage, kept separate, and a few other notable exceptions will not be considered community property
Can a spouse Quit Claim ownership to their unencumbered home while they are still married?
Yes, a spouse can quitclaim ownership of their unencumbered home to the other spouse while still married. This transfer would give the receiving spouse full ownership rights to the property. It is important to consult with a legal professional to ensure all necessary steps are taken and to understand any potential implications of such a transfer.
Is my spouse entitled to inheritance I received from my parents in California?
Most assets acquired during a marriage in California are considered shared property between you and your spouse, but inheritance is an exception. If you receive inheritance while you are married, your spouse does not have any right to that money as long as you keep it separate from your spouse and your shared property.
Is Recording a deed as unmarried but are married legal?
Not technically. While it is unlikely that anyone has ever had the police show up for doing so, it is technically fraud. If you are married and live in a community property state, your spouse has rights to property obtained in the course of the marriage. The spouse may give up this right. A married male holding title alone would record as " John Doe, a married man, as his sole and separate property". If it came down to a lawsuit, the courts would see that the marriage predated the property vesting and the spouse would likely be able to claim an interest.
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.
Can you evict a spouse if the house if is in foreclosure and he moved his girlfriend in the house and while wife is working out of town house is in the spouse name and wife is on the deed?
One can evict a renter or a squatter, but not an owner of the property. However, you should consult with an attorney in your area who can review your situation and explain your rights and options. You do not have to allow a stranger, the girlfriend, to live in your home.
Does property left in a will go to the surving spouse?
It depends on the specific details laid out in the will and the laws of the jurisdiction. In some cases, property left in a will may go to the surviving spouse, while in other cases, it may be distributed according to the deceased person's wishes as outlined in the will.
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 you sell your husbands house while hes in prison for life if you were already married when you bought the home and just put it in only his name?
No. If the property is in his name then he is the owner and the property can be sold only if he signs the deed.
