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If a spouse dies with debt do creditors have a right to his share of the marital residence?
It may be possible for creditors to place a lien against the property. Whether or not that can be done would depend upon how the property is titled and the laws of the state in which the property is located. Marital property is generally protected from creditor attachment when the deceased spouse is a sole debtor when it is the primary residence. This is not always true if the married couple resided in a community property state when the person died.
What else can I help you with?
What marital rights does an incarcerated spouse have?
The right to ownership of marital property as allowed under the laws of the state where the couple last resided or were married; the legally retaining of parental rights until/unless a court rules otherwise and the right to obtain a divorce.
Does a Qualified terminable interst property trust qualify for a marital deduction?
A QTIP trust (a.k.a. C trust), which is typically created at the death of the first spouse to die, grants the surviving spouse a lifetime right to the income of the trust (at least annually) while transfering the remainder interest to individual(s) of the grantor's choosing. This qualifies for the unlimited marital deduction even though the spouse does not receive outright access to the assets in the trust. Even though this IS a terminable interest (usually disqualifying the marital deduction), the QTIP will qualify for the unlimted marital deduction since the surviving spouse will be required to include, in his/her gross estate, the fair market value, at the surviving spouse's date of death, the assets of the trust. The assets are taxed later in the surviving spouse's gross estate, but they will pass to the beneficiary of the trust, chosen by the first-to-die-spouse, at the surviving spouse's death.
In Virginia can one spouse enter the marital home owned by both spouses with a locksmith to retrieve their personal belongings and furniture without breaking the law?
As long as there is no court order, each spouse has equal rights to the marital home so the answer is yes. In addition, one spouse does not have the right to change the locks absent a court order barring the other party from entering the premises.
Can spouse lock other spouse out?
It depends on the state you live in! Most often, if both people have established residency and get mail delivered to that address, pay bills together or are responsible for bills, and have a financial obligation or interest to the residence - then NO, no spouse can lock the other spouse out. One can volunteer to leave, or police may ask one party to leave for a specified time (if they get involved), but the right to the residence still remains. The judge can remove a party from the residence, but that would be because of a court order/restraining order/protective order.
My name is on the deed of a marital home in MA can my spouse keep you from living there?
If you are a co-owner of the property you have the right to the use and possession of the property unless there is a current court order to the contrary.
Does the surviving spouse have any rights if her spouse leaves the marital home to an adult child in his will in the state of North Carolina?
Yes, you do have rights. According to the section of the North Carolina Statutes provided below a surviving spouse has the right to an elective share of her husband's estate. You should seek the advice of a probate attorney in your area.
Is a wife entitled to inherotance if married when it happens?
No. There is no right to any share. In the United States a spouse has no right to the other's inheritance.No. There is no right to any share. In the United States a spouse has no right to the other's inheritance.No. There is no right to any share. In the United States a spouse has no right to the other's inheritance.No. There is no right to any share. In the United States a spouse has no right to the other's inheritance.
Is my rollover IRA protected from creditors in Grand Rapids, Michigan?
Your IRA is protected from Creditors, they have no right to bother your IRA.
Can a spouse receive social security on their spouse that is younger and not retired?
No. Your spouse can receive them and you can receive them, but you have no right to theirs.
Does filing for divorce changes your marital status right away?
no
Does a spouse have a legal right to half of the other spouse?
Yes. in the state I live in.
What is the best way for a married couple to hold title to their primary residence?
The best way for a married couple to hold title to their primary residence is typically through joint tenancy with right of survivorship. This arrangement ensures that both spouses have equal ownership rights and that, upon the death of one spouse, the other automatically inherits the entire property without going through probate. Alternatively, tenants by the entirety can be used in some states, providing additional protections against creditors. It's advisable for couples to consult with a legal expert to determine the best option based on their specific circumstances and state laws.
