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How can you add your name to house that is held as community property after the death of a spouse in California?
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∙ 12y ago
tewaf
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∙ 12y ago
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Does community property end at death?
No. Community property doesn't "end at death". Community property laws affect the distribution of a married decedent's estate after their death. In a community property state your surviving spouse is entitled to one-half of any property you acquired during your marriage. Each party owns a one-half interest in any property acquired during the marriage by either party no matter whose name is on the title. A married decedent can give away one half of their property to anyone they wish by their will but their spouse will receive the other half by law after their death according to the laws of community property.Once the estate has been probated the property inherited by the surviving spouse becomes their sole property.The following are community property states:Arizona, California, Idaho, Nevada, New Mexico, Texas, Washington, Wisconsin, and Alaska (although in Alaska, there must be a written agreement between the spouses). All of the remaining states follow common law.
What are the benefits of adding a spouse name to a house deed?
The advantage would be for the spouse if you reside in a community property state where survivorship goes to the spouse should a death occur and property is divided 50/50% in cases of divorce.
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
What happens to jointly owned property in a non-community property state in the event of the death of a spouse?
If the real property is owned as tenants by the entirety or joint tenants with the right of survivorship the interest of the decedent automatically passes to the surviving spouse and they need to do nothing except record a death certificate in the land records.
Can a spouse give a gift from Community property without telling the other spouse in Arizona?
As to real property the answer is no. Both parties who hold title as community property must act to convey or hypothecat the property, the only exception is that if the property was not expressly accepted by the couple with "the right of survivorship" (which is optional) upon acquisition, then either party may will their interest in the land to a third party upon their death.
Is inheritance affected by community property law in Texas ?
Yes, inheritance can be affected by community property law in Texas because spouses in a community property state typically own equal shares of all marital property acquired during the marriage, which can impact inheritance rights and obligations upon the death of one spouse. Any property owned as community property at the time of death of one spouse may be subject to specific rules under community property laws that could affect inheritance rights. It's important to consult with a legal professional to understand how community property laws in Texas may impact inheritance.
Can a mortgage loan be required to be refinanced upon the death of the borrower in a community property state where there is a non-contributing spouse on the deed of trust?
Certainly.
Is a surviving spouse responsible for a deceased spouse's credit card debt if the deceased had no assets except a death benefit from life insurance?
The surviving spouse is only responsible for credit card debt if the account were joint or the married couple lived in a community property state; (Texas and Wisconsin treat marital debt differently than other CP states). Death benefits from life insurance with a named beneficiary or SS death benefit are not subject to creditor action for repayment of the deceased debts.
Do children have rights in or to community property if father dies but mother is living?
You need to check your particular state laws. In a community property state each spouse owns a one-half share of the marital property. In some states a spouse can dispose of their interest by their will to someone other than their surviving spouse.Upon the death of one spouse state laws vary on intestate (without a will) inheritance. In some, the surviving spouse inherits their deceased spouse's share if there are children of the marriage. In some the surviving spouse receives only a half of that share if there are children by a former marriage. In Louisiana the share of a deceased spouse in community property passes to their estate if they had children but the surviving spouse can use the property until death or remarriage. If the deceased had no children the community property passes to the surviving spouse.People who own property in a community property state should consult with an attorney about estate planning. If you are a surviving child then you should consult with an attorney who specializes in probate law.
Who is responsible for a leased vehicle when the person dies if there was no cosigner but there is a surviving spouse?
If the married couple lived in a community property state at the time of the spouse's death, the surviving spouse may be responsible for the lease debt even if she was not an account holder. If the couple did not live in a community property state the creditor will be required to file a claim against the estate of the deceased to try to recover the debt.
Are you responsible for your spouse's credit card debt after his death in the state of California?
In community property states a married couple are considered to own all property equally and be responsible for all debts equally that are accrued during the marriage regardless of which spouse is named as the debtor. This however, is not a "done deal" as the surviving spouse may have some recourse after the deceased spouse's estate (if any) has been probated. His or her estate would consist of property and/or assets acquired before the marriage and other such matters as deemed applicable by the probate court.
IS a spouse responsible for deceased debt?
It depends on the state you live in. If the married couple resided in a community property state at the time of the spouse's death the surviving spouse might be held accountable for debts incurred during the marriage solely by the deceased. The premise of community property states is, that all debts and all assets obtained during a marriage belong equally to both parties.
