If husband and wife own property jointly with the husband's mother will the wife own two-thirds of the property if her husband dies?
It will depend on the wording of the deed. It could be that each woman owns half of the house if there are 'rights of surviorship' involved. Property that is held as Joint Tenants or Joint Tenants With Rights of Survivorship, automatically passes to the surviving owners and is not subject to probate procedure. Think of it this way:
- If three people own real estate as joint tenants with the right of survivorship and one dies, their interest disappears and the two survivors own the property in equal shares.
The division of real property is always determined by the titling of said property with the exception of a married couple who reside in a community property state.
Property held as Tenants In Common does not automatically pass to the surviving owners. It passes to the owner's heirs-at-law according to the state laws of intestacy and is subject to probate procedure. It can be attached by creditors of the deceased to extent of the share. If the three above owned as tenants in common then the surviving wife may own two-thirds.
You should consult with an attorney who is familiar with your state laws of probate who can review your deed, explain your rights and determine the status of the property.
If the property is owned jointly, the wife is entitled to 50% of the proceeds. If the property is owned jointly, the wife is entitled to 50% of the proceeds. If the property is owned jointly, the wife is entitled to 50% of the proceeds. If the property is owned jointly, the wife is entitled to 50% of the proceeds.
Can your estranged husband change the locks on a house you own jointly that you have moved out of if you still have property in the house?
You do not necessarily have to be married to own jointly owned property and even when an individual is married for 60 years he could still keep property separate from his spouse. Property is considered jointly owned if you purchased it together (each contributing), your name is on the property, or in some situations when you are married and you have substantially contributed to the property. If your spouse has kept the property separate by…
When a judgment is awarded against a man and wife and his company and the husband files bankruptcy on the company but the wife is not a party to the bankruptcy can her wages be garnished?
If both persons were sued and a judgment awarded but only the husband filed bankruptcy and included the debt; the judgment can still be executed against any non-exempt property belonging to the wife and perhaps jointly owned property as well. The legal presumption is that the debt is still owed because it was jointly incurred.
In the State of Florida is the husband responsible for credit card debt that belonged solely to his deceased wife?
No, Florida is not a community property state therefore debts not jointly incurred belong solely to the person who holds the account. In Florida married couples are generally presumed to hold jointly owned property as Tenancy By The Entirety (TBE) which makes such property exempt from creditor action when only one spouse is responsible for the debt.
Can I refinance a jointly owned home without the consent or signature of the other person who jointly owns the property and is also on the deed?
No. You would need the written permission of all the other owners. The other owners may view your construction as damage to the property. You cannot take that liberty with jointly owned property. No. You would need the written permission of all the other owners. The other owners may view your construction as damage to the property. You cannot take that liberty with jointly owned property. No. You would need the written permission of all…
If two people own property jointly the probate laws of the state in which the person dies and the laws concerning the way real property is held/titled determines ownership. The following may help answer your query: Property owned by two people as Tenancy By The Entirety, or Joint Tenants (in some states), or Joint Tenants With The Right To Survivorship is not subject to probate and passes directly to the surviving spouse and/or named person(s)…
No. It is similar to your taxes, you have the option of filing jointly. However, if you have been married for awhile and have a lot of joint debt, you should file jointly. No. It is similar to your taxes, you have the option of filing jointly. However, if you have been married for awhile and have a lot of joint debt, you should file jointly because your obligation to repay joint debt will survive…