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If you are married and your spouse dies and you are not living together and the property is in the spouses name what happens to it?
Wiki User
∙ 15y ago
The answer depends on many factors. It depends on whether you live in a community property state and when your spouse acquired the property. It depends on whether your spouse left a will and if the property was devised in the will. It depends on whether there is a provision in your state law whereby a disinherited spouse can claim a share of the estate by "election" if the property was devised to another person. If there was no will then you can check the laws of intestacy in your state in the link at the related question below. You should contact an attorney in your area to determine if you have any interest in the property.
Wiki User
∙ 15y ago
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In Nevada do you inherit your spouses debt when you get married?
yes
How many years do you have to be married to receive the spouses 401k?
WOW...
Can you deny your spouse access to your bank account?
You can deny your spouse access to your bank account if the bank account isn't marital property. Different states have different laws specifying how long you have to be married to have marital property. Banks will often give information to spouses, even if they aren't on the account.
After divorce are you liable for credit card debt in your wife's name only incurred while married?
In a community property state both spouses are equally responsible for debts. The rest of the states consider only the account holder responsible. A few states have laws referring to debts that are considered necessities being chargeable to both spouses. These laws are vague and seldom enforceable, creditors sometimes cite them in an attempt to get the non-debtor spouses to pay.
Can a creditor or collection agency levy your spouses account if it was before we were married and I'm not on Her account?
I believe so - When you get married you assume all the debts.
Is it true that in Michigan when you write a deed you have to Tell if your married and their name but that does not make them the owner?
Yes, you have to state that you are married and the spouses name. They have a right to the property and it cannot be sold without their permission.
If both spouses are on the house deed and one dies can the children go after the house?
That depends on how the property was titled. If the spouses owned as joint tenants with the right of survivorship or tenants by the entirety (as most married couples do) then you have no claim whatsoever. In that case, the property automatically passed to the surviving spouse. If it happens the property was owned as tenants in common then you may acquire an interest in your deceased parent's half along with the surviving spouse providing the parent didn't leave the property to their surviving spouse by will. First check the tenancy on their deed.
Can a married couple quit clam property to one another being both the grantee and grantor?
No, a married couple cannot quitclaim property to one another, as they both have an existing legal interest in the property as spouses. However, they can transfer their interest in the property to a third party through a quitclaim deed. Alternatively, they may consider other types of property transfers, such as a warranty deed or a marital property agreement. Consulting with a lawyer is advisable for guidance in specific cases.
What is Arkansas law regarding property rights between spouses?
Title 9 Family Law Subtitle 2. Domestic Relations Chapter 11 Marriage Subchapter 5 -- Rights and Property of Married Persons
If someone inherits property while married is it considered maritial assets?
Marital property refers to most of the property acquired by spouses during their marriage. However, states vary as to what is considered marital property. Some states exclude inherited property and gifts. You need to check the laws in your jurisdiction.
If married can you quit claim your share of real property away without spouses signature?
State laws differ on that issue. You need to check the laws in your particular jurisdiction.
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.
Is California a tenancy by the entirety state?
No, it is a community property state. Tenancy By The Entirety is reserved for married couples only. In a CP state all property acquired during the marriage is considered to be equally owned by both spouses, and in most cases all debts incurred during the marriage are considered to be the equal responsibility of both spouses.
In Florida does a wife have legal right to access all of husband's income while married ie is the income of both spouses considered joint?
Unless otherwise noted by a prenup, any income while married is the property of both spouses. If a prenup exists, any income would be distributed or unattainable by a spouse as determined by the documents.
In Nevada do you inherit your spouses debt when you get married?
yes
In what circumstances can separate property become community property?
Separate property can become community property through commingling, transmutation, or a legal agreement between spouses stating an intent to convert separate property to community property. Commingling occurs when separate property is mixed with community property, making it difficult to distinguish which portion is separate and which is community. Transmutation refers to the intentional change in character of property from separate to community through actions or behavior of the spouses.
Can a married woman retake property that her husband bought and then gave away after they were married?
Was this property bought before or after marriage? Either way, if you are married and want to sell real estate or a car or such, both spouses have to sign their consent to the transaction. So if your husband sold something behind your back, you might have a case. If it was bought before that, there's room for argument.
