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If both husband and wife are on the deed to a property does the wife inherit the property?
Wiki User
∙ 13y ago
it depends on the jurisdiction the property is owned in. In most provinces in Canada for example the matrimonial home is considered joint property in the event of a divorce and in the event of the death of one of the spouses the Survivor is entitled to receive in the will at least what they would be entitled to in a divorce. Even in a situation where you owned the home before you got married and your spouse moves in (the law will differ in some jurisdictions if you are common law) if you subsequently divorce you will almost always lose half the house. With other types of property there is also the possibility that a judge may decide that a constructive trust exists even though the deed was only in one persons name. So for example lets say your spouse purchases a vehicle, but you end up making most of the payments so it doesn't get repossessed you could potentially end up with partial ownership of that vehicle. I have no idea what the law is in the States but it probably varies state by state and you should probably consult an attorney. Another issue you should be aware of is that there is the possible exposure to a tax liability for capital gains if your spouse transfers partial ownership to you.
Wiki User
∙ 10y ago
Wiki User
∙ 13y agoIf the deed is a survivorship deed the surviving spouse will become the sole owner of the property.
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Does widowed spouse inherit as right of survivorship or joint tenant in VA?
If she and her husband were both on the deed, it will be survivorship. If not, she will have a claim on the property.
Can you remove your husband from deed on house How do you do it Are there just forms I can get from court house?
Your husband must sign a deed that transfers his interest in the property to you. An attorney should draft the deed.Your husband must sign a deed that transfers his interest in the property to you. An attorney should draft the deed.Your husband must sign a deed that transfers his interest in the property to you. An attorney should draft the deed.Your husband must sign a deed that transfers his interest in the property to you. An attorney should draft the deed.
Is Mississippi can the husband hold complete ownership in a deed of trust?
A deed of trust is similar to a mortgage. A husband does not "hold" ownership by a deed of trust. Ho holds title by virtue of a deed showing him as the grantee. He would grant (and sign) a deed of trust in order to borrow money using the property as security for the loan.If both husband and wife hold title then both must sign the deed of trust. If only the husband holds title and the couple resides at the property under a homestead exemption then both must sign. This is a complicated issue. If you have further questions you should consult with an attorney.
What kind of deed do I need to add my husband's name to the property?
quit claim deed
Can a person named in a will still inherit if someone else has a quick claim deed to the property?
You are referring to a "quitclaim" deed. If the deed is valid then the person named in the deed is the rightful owner.
If I inherit property then take out a mortgage against it with my husband is it now community property?
I hate to say it but if his name is on the deed well let me put it like this the property was gained while you were married so in essence yes if you're living in a community state then you have a partner
Can cosigner sell the house?
Only the owner by deed can sell the property. If two people are on the deed both must sign the new deed in order to sell the property.Only the owner by deed can sell the property. If two people are on the deed both must sign the new deed in order to sell the property.Only the owner by deed can sell the property. If two people are on the deed both must sign the new deed in order to sell the property.Only the owner by deed can sell the property. If two people are on the deed both must sign the new deed in order to sell the property.
If a husband and wife own a house together then the husband buys another house for rental property but the wife is not on the deed is she still part owner in Texas?
Legally spouses share all property equally, what is owned by one is the property of both.
If my husband doesn't have a will and he dies if the deed is in his name only will I get to keep the property?
Yes. But, you might have difficulty selling it with out his signature. It's best to put both your names on all your property and/or. For example: John Smith and/or Jone Smith. Also, just have both your names on the deed.
Your husband owned the property prior to marriage but added your name to the deed. How much do you own?
If you are on the deed to the property you own a one half interest.If you are on the deed to the property you own a one half interest.If you are on the deed to the property you own a one half interest.If you are on the deed to the property you own a one half interest.
Do the husband and wife share in paying taxes after divorce?
Only if they still co-own property together. For example, if they both vacated a house, but they both still co-own it and both their names are on the deed, when the local assessor's office requires the tax payment on the property, both husband and wife will be liable for the property taxes until the property is either given to the wife, given to the husband or sold to a 3rd party.
Both husband and wife are on deed as joint owners. Can husband make a deed to a girlfriend without the wife knowing?
no
