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How do you get property in your name if spouse dies without a will?
Wiki User
∙ 17y ago
If the property is jointly owned by the married couple it generally reverts automatically to the surviving spouse and does not enter probate. If the married couple lived in a community property state the property does not need to have both names on the title for it revert to sole ownership by the surviving spouse. The procedure for changing deeds/titles to real property is established by state law. Contact the land recorder or assessor's office in the city or county where the property is located.
Wiki User
∙ 17y ago
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In California if the spouse dies and have a credit card in his name and not mine am i responsible for his bills.?
It depends on if California is a community property state or non-community property state.
Why should you add your spouse's name to the house title that is only in your name?
If you live in a separate property state that would mean your spouse wants to keep that property separate from you. If your spouse dies that property would not automatically pass to you. It would pass to the heirs at law or according to the will. It may also be considered separate property in the case of a divorce and the distribution of marital property.
Can your ex spouse take your name off of property deeds without your signature?
No, you are still entitled to all of your property unless the court says otherwise.
If you are married and your spouse dies and you are not living together and the property is in the spouses name what happens to it?
The answer depends on many factors. It depends on whether you live in a community property state and when your spouse acquired the property. It depends on whether your spouse left a will and if the property was devised in the will. It depends on whether there is a provision in your state law whereby a disinherited spouse can claim a share of the estate by "election" if the property was devised to another person. If there was no will then you can check the laws of intestacy in your state in the link at the related question below. You should contact an attorney in your area to determine if you have any interest in the property.
What happens in Michigan if a spouse dies and his name only was on the deed?
The wife should file a claim against the estate. She has rights in the property, even if her name is not on the deed. In most cases, she will inherit it all.
What does Az law state when one spouse dies without a will?
In Arizona, if a spouse dies without a will, their assets will typically pass to the surviving spouse. If there are no surviving children or descendants, the surviving spouse will likely inherit the entire estate. If there are children or descendants from a previous relationship, the estate may be divided between the surviving spouse and the children or descendants.
If your spouse dies without a will what happens to the car?
The answer depends upon which State your spouse was a legal resident of, and also, wether or not the car was in your spouse's name only. Foir instance, in NJ, if a person dies intestate (without a will), all possessions owned solely by the deceased person must be split 50/50 between the spouse and any children of their marriage. Possessions owned jointly with the spouse go directly to the spouse. Check with your local county offices on your State's law. Good luck.
A person has right to survivorship to property in Ct and the spouse who died had a judgment lien on the property in his name only is this lien still valid?
No. A benefit of owning property by survivorship is that the moment one owner dies their interest in the property disappears and the survivor is the sole owner. The creditor is out of luck.
If your spouse dies and has credit cards in their name only can the surviving spouse negotiate with the creditors to get the amount reduced?
yes they can
What happens if your spouse dies you're not on the mortgage but have the deed in your name?
Generally that means the mortgage was given to the bank before your name went on the deed. In that case you need to pay the mortgage or the bank will take the property by foreclosure.
If a man dies in Tennessee without a will but his wife's name is on the deed does she own the property?
If "titled to both names" means "joint tenants" or "tenants by the entirety", then the absence or presence of a will is irrelevant because the surviving spouse obtains full ownership through the deed, not through probate.
Can your spouse force you to leave the home if your name is not on the mortgage?
The important factor is whether your name is on the deed. If your name is on the deed you have the right to the use and possession of the property. Your spouse cannot force you to leave without a court order.If your name is not on the deed and the property is in your spouse's name whether they can make you leave depends on other factors including state laws. They may be able to evict you. You should consult with an attorney who can review your situation and explain your rights and options.The important factor is whether your name is on the deed. If your name is on the deed you have the right to the use and possession of the property. Your spouse cannot force you to leave without a court order.If your name is not on the deed and the property is in your spouse's name whether they can make you leave depends on other factors including state laws. They may be able to evict you. You should consult with an attorney who can review your situation and explain your rights and options.The important factor is whether your name is on the deed. If your name is on the deed you have the right to the use and possession of the property. Your spouse cannot force you to leave without a court order.If your name is not on the deed and the property is in your spouse's name whether they can make you leave depends on other factors including state laws. They may be able to evict you. You should consult with an attorney who can review your situation and explain your rights and options.The important factor is whether your name is on the deed. If your name is on the deed you have the right to the use and possession of the property. Your spouse cannot force you to leave without a court order.If your name is not on the deed and the property is in your spouse's name whether they can make you leave depends on other factors including state laws. They may be able to evict you. You should consult with an attorney who can review your situation and explain your rights and options.
