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How long does a couple need to be married for property to be considered community property?
You do not necessarily have to be married to own jointly owned property and even when an individual is married for 60 years he could still keep property separate from his spouse. Property is considered jointly owned if you purchased it together (each contributing), your name is on the property, or in some situations when you are married and you have substantially contributed to the property. If your spouse has kept the property separate by keeping it in his name, only putting his money into it then it will be considered separate.
How can you add your name to house that is held as community property after the death of a spouse in California?
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If property is purchased in your husbands name only is it considered community property?
If the property was purchased during the marriage it is community property if you live in a community property state.
In California if the spouse dies and have a credit card in his name and not mine am i responsible for his bills.?
It depends on if California is a community property state or non-community property state.
Can a bank in the state of Ohio hold the title or repossess an automobile that is in a spouse's name who did not sign the loan agreement?
Yes, if the vehicle was purchased during the marriage it is considered community property.
What are the benefits of adding a spouse name to a house deed?
The advantage would be for the spouse if you reside in a community property state where survivorship goes to the spouse should a death occur and property is divided 50/50% in cases of divorce.
Can a house be considered community property, if there is only one Name on the mortgage?
If you are married in a community property state, then yes, it is a community property. The mortgage is irrelevant - it is whose name on the deed that determines ownership.
If you die in Tennessee with credit card debt in your name will your spouse be obligated to repay the debt?
No, Tennessee is not a community property state. Married couples living in non community property states are not responsible for debts incurred solely by either spouse.
If a married spouse buys a home in his name only is that considered marital property upon his death?
no
In Virginia can a spouse whos name is on the deed and mortgage sell their house without the other spouse consent whos name is not on either one?
California is a community property state. Your husband may need your signature to sell his property if it was not titled as "separate property". Property acquired after marriage may become community property depending on the source. If the property was inherited then you may have no claim. However, if the property was purchased then the following passage may apply: "In California, any assets that are acquired during marriage become community property, (i.e., belonging to both spouses), unless they are specifically acquired as separate property. Real property that is conveyed to a married man or woman is considered community property, unless it is stated otherwise. In order for a married individual to acquire title in his or her name only, the spouse must relinquish all right, title and interest to the property. Usually, this is done by executing a Quitclaim Deed to the property, which is recorded concurrently with the deed to the property." You should seek the advice of an attorney.
When the deed is in her name can it be assumed it's her sole property?
Generally, yes. However, if you live are married and live in a community property state your spouse may have rights in property. If that is the case, you need to consult with an attorney who is familiar with community property law in your state. In a separate property state, a married person can own property in their own name.
What ways can you keep a spouse from incurring debt in your name?
Don't have any joint accounts. Marriage does not give the legal right to a spouse to use the other spouse's name or information to obtain credit. Credit even for married couples is reported separately on credit reports unless it is jointly incurred. The exception is if the married couple reside in community property state. In a community property state all assets and all debts incurred during the marriage by either spouse is considered equally owned and equally owed regardless of which one entered into the financial transaction.
