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If one spouse's name is on the deed and mortgage does the other spouse have any rights of claim to the property?

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Wiki User
2007-06-27 03:28:06

If it's the primary residence, both spouses have equal rights of

ownership regardless of whose name is on the deed or mortgage.

Second homes or investment properties do not apply to this. The

court assumes "tenants in common" ownership for any married couple

regarding their primary residence. (there may be an exception in

some states if the house was owned by one person before they got

married, and now the spouse lives there too - ask a lawyer if

that's the case)

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