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In the case of divorce, that property may be added to the assets and then divided.

If the property is subject to a homestead exemption the spouse must sign a mortgage or deed.

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Q: If only one spouse holds title to property in Florida does the other spouse have interest in property as well even though they are not in title?
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What does the surviving spouse do about the deceased spouse's credit card debt in Florida?

California is a community property state, the debts of the deceased should be included in the probate procedure. Usually in California the surviving spouse is responsible for all debts incurred during the marriage even though he or she was not the named account holder.


Can you quick claim property from your name to another person even though you are married?

You can quit claim your rights to the property. However, that doesn't quit claim your spouse's rights to the proprty. Once married the spouse in most states has rights to the property.


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.


Can you make payments even though your car is up for a repossession?

Yes you can. The main interest of the financial institution or or owner of the property is to have the property paid for.


When the wife moves out of the home even though the home is her personal property can the spouse refuse to move out because of a child 17 yrs old living with him?

It will depend on the laws at that location. In most states the spouse has rights in any property owned by the couple while they are married.


Can your spouse be held accountable for your back child support?

Stepparents are not responsible for their stepchildren. Your spouse is not responsible for your child(ren). However, the State may place liens on real and personal property, including bank accounts, even though your spouse is a joint owner.


Does a new spouse have to pay child support in Missouri?

Stepparents are not responsible for their stepchildren. Your spouse is not responsible for your child(ren). However, the State may place liens on real and personal property, including bank accounts, even though your spouse is a joint owner.


Can a life insurance agent sell insurance to his spouse?

In general he can. The fact that they are married does not, in itself, prevent the transaction. The agent can also be named as the beneficiary. The spouse has an "insurable interest" in the life of the other spouse due to "love and affection". It is important, though, that the insured spouse change the beneficiary in the event of divorce, unless he/she wishes the ex to nonetheless get the proceeds. This is because in general, an insurable interest must exist only at the inception of the policy.


How does child support effect a new spouse?

The spouse is not responsible for his/her spouse's child(ren). However, the State can and will intercept tax refunds and place liens on personal and real property to collect unpaid support, even if those assets are jointly held.


Is it legal in the state of Florida for a spouse to live with another women and have a baby by her in another state even though the new girlfriend has knowledge of the family?

Yes


Does a spouse have to pay back a loan of a deceased spouse if they are not a joint holder of the loan?

Depends on the state you live in. * If the married couple resided in a community property state the surviving spouse might be held accountable for the debt even though the loan was only in the name of the deceased spouse. In all other states the surviving spouse is not responsible for debt that is incurred solely by a living or deceased spouse.


Does a prenuptial agreement protect the new spouse from child support?

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