Home Equity and Refinancing
Estates
If one spouse dies the ther spouse automacilly receives home correct?
Wiki User
May 14, 2011 9:29PM
Depends which spouse was actually paying the mortgage/paid for the house. If the deceased spouse paid for the house in it's entirety, it is their choice (which they will state in their will) of who the house goes to. If they do not state, it will probably go to the other spouse unless another family member contests the decision (for example, if you'd just married the spouse, who has adult offspring, they would be entitled to challenge the decision of the house going to yourself).
If the mortgage/payment of the house was 50:50, it's not clearcut unless the deceased did leave their share of the house to you. (Although your 50% is still legally yours). If they wish to leave it to someone else, you can go to a court to contest the decision.
If the house was a gift, it depends which of you it was actually gifted too. Although being married to the spouse does usually protect your right to the house (unless you were responsible for their death).
Related Questions
Asked in Relationships, Estates
What happens in Alabama If a spouse dies without a will and there are three children and a surviving spouse and there are assets?
the surviving spouse receives an equal portion as each
child.
Asked in Relationships
What is the percentage of a spouse dying after another spouse dies?
100%
everyone dies.
Asked in Relationships, Probate
In Ohio if your spouse dies and you both own the house what does the survivng spouse have to do to keep the house?
Usually the mortage is set up as a survivors deed. This means
that if one person dies, the spouce receives the deed in their own
name.
If this is not the case and the house wasn't willed to the other
spouse, then it will have to be taken up in Probate Court.
Asked in Loans, Mortgages, Home Equity and Refinancing
can the spouse live in the home after the spouse dies under a reverse mortgage?
Yes Watson.
But the real question is: can the spouse spouse the home after
the reverse mortgage dies live?
Asked in Probate
You have no children Can you make a will that ensures that if you die first charity A receives the residue of your estate after your spouse dies?
It is possible to set it up. Consult a probate attorney in your
jurisdiction.
Asked in World War 2
What benefits do widow?
My spouse was in korea in the 50ths and he curently goes to the
va for medical and receives a disability payment, is there benefits
for me as his widow when he dies? my email is
beewill24@yahoo.com
Asked in Law & Legal Issues
If spouse dies does the widow still have in laws?
If child dies, does his spouse have any legal claim with in-laws
home?
Asked in Divorce and Marriage Law, Credit and Debit Cards, Mortgages
What should you do when the legally separated spouse dies?
Marry your backup spouse
Asked in Virtual Families (video game)
When the spouse dies how do you get remarried on virtual families?
Well, when a spouse dies, you CAN get remarried, how? You just
have to wait wait for the email to come with the propsal.
Asked in Law & Legal Issues, Relationships, Credit and Debit Cards, Debt Collection
Spouse debt responsability when spouse dies?
Typically, any debts accrued by a husband/wife who dies, are to
be settled by the estate. Since this normally passes on to the
surviving spouse, any debts must be settled by the surviving
spouse.
Asked in Sacraments
Can a divorced catholic who is remarried outside the church receive the sacraments when the current spouse dies?
I believe that in this case the answer is yes, as long as she
receives the sacrament of penance for the years she was living in
an an improper situation.
Asked in Banking
What happens to bank accounts after a spouse dies in Georgia?
Funds are transferred to the surviving spouse
Asked in Loans, Mortgages
What if other spouse can not pay mortgage when the other spouse dies?
Then the house needs to be sold.
Asked in Personal Finance, Credit and Debit Cards, Loans, Money Management, Credit
If your spouse dies then receives a credit on a bank debit card can the bank take that credit and apply it to an outstanding loan that was only in your spouse's name?
Yes, if the loan is at the bank where the debit card was
issued.
Asked in Auto Loans and Financing, Repossession, Estates
What happens to a car if someone dies?
what happens to paided off car if spouse dies
Asked in Estates
What happens if you are not on title and your spouse dies?
In most cases the spouse has a right in the property, even if
they are not on the deed. If there is no will, the spouse typically
inherits the property.
Asked in Relationships, Divorce and Marriage Law, Estates
If someone lives in Florida and marries in Louisiana and one spouse dies what is the other spouse entitled to?
u only said he is married once... u never said he was married in
florida and also its the spouse that dies not the person
Asked in Estates
What is a spouse entitled to if their spouse dies without a will in NY?
I believe a spouse if entitled to 1/3 of the estate....prevents
them from becoming a charge of the state.
Asked in Estates
When one spouse dies what happens to jointly owned property?
The surviving spouse becomes the sole owner.
Asked in Parenting and Children
If your spouse dies without a will and the home is in both names but he has children Can they take part of the home?
if my spouse dies can his adult children take my home the house
is owned by bothe of us
Asked in Debt Collection, Estates, Probate
If spouse dies and was separated and no will what rights does surviving spouse have?
The person has all the rights that accrue to the surviving
spouse. See related question link below.
Asked in Mexico
Can you remarry if your spouse was a illegal alien from Mexico went back to his country where he passed away?
You can remarry after your spouse dies.
Asked in Estates, Credit and Debit Cards
What happens to property of a non resident who dies without a will who is estranged from spouse.?
It passes to the decedent's heirs, the spouse of which will be
one.
Asked in Probate
Does children have rights if parent dies and does not have a will?
The children are natural heirs to their father's estate. If
there is a new spouse, the spouse has priority.