if my spouse dies can his adult children take my home the house is owned by bothe of us
Depends who's name is on the mortgage. If both names are on, then you would need both spouse's to take out a home equity line of credit.
If both names are on the deed, then both signatures are required. If the spouse has signed a quit claim deed to the home, then the other does not need consent.
You can add your spouse to the mortgage by refinancing in both of your names. Your spouse does have to be credit-worthy. Check with your original lender to see if it can be done simply without a full fee for refinancing.
The spouse gets the home. The children are not entitled to a portion of the home. They are not required to get anything from the estate.
If the loan was in both of your names, yes. That is your foreclosure also.
Not if you are both on Title unless they forge your name.
That depends on how you and your spouse held title to your property and whether the surviving children are the children of both the decedent and the surviving spouse. You should consult with an attorney.
Of course. It's addressed to you.
With cash of course......Yes... Spousal Consent would be needed if the property was to be purchased by taking out a loan in both spouses names...But there are no laws requiring spousal consent for another spouse to make cash purchases of property...
The original deed of trust contains the names of both husband and wife. This is a Joint Tenancy Deed ... no changes can be made without the consent of both parties, and that includes refinancing. One or the other spouses will need to "buy out" the other's interest and gain sole ownership before attempting this.
Your spouse needs to be present.
You will have to refinance your loan in order to get his name off. The loan now has both of your names on it because you both appied at the same time. This mortgage has to be paid off in order to remove the ex-spouse. That means you will have to apply for a new mortgage in your name only.