Is survivorship the same as husband and wife in a deed?

Do you have to go through probate if your wife is on the deed but not the loan and the husband dies?

If the deed is a survivorship deed then the property will automatically be the sole property of the wife and bypass probate. However, it will be subject to the mortgage unless you buy some type of mortgage insurance.If the deed is a survivorship deed then the property will automatically be the sole property of the wife and bypass probate. However, it will be subject to the mortgage unless you buy some type of mortgage insurance.If the deed is a survivorship deed then the property will automatically be the sole property of the wife and bypass probate. However, it will be subject to the mortgage unless you buy some type of mortgage insurance.If the deed is a survivorship deed then the property will automatically be the sole property of the wife and bypass probate. However, it will be subject to the mortgage unless you buy some type of mortgage insurance.

When a mortgage is in husband's name only but wife and husband have joint tenancy with survivorship warranty deed in Georgia then husband dies without will does wife owe mortgage?

You haven't provided important details such as what came first- the mortgage or the survivorship deed. You should consult with an attorney to determine your obligations and options regarding the mortgage.

Do you have sole ownership of home if husband is deceased and quit claim puts his and your name on the deed?

It depends on the tenancy recited in the deed. If the deed recites that you will hold title as joint tenants with the right of survivorship then husband's interest will automatically pass to wife upon his death.

Does the husband and wife both have to be on the land deed to both own the property?

Yes. They should both be listed as grantees on the deed and the deed should be a survivorship deed. You should consult with an attorney who can draft a proper deed for your jurisdiction.Yes. They should both be listed as grantees on the deed and the deed should be a survivorship deed. You should consult with an attorney who can draft a proper deed for your jurisdiction.Yes. They should both be listed as grantees on the deed and the deed should be a survivorship deed. You should consult with an attorney who can draft a proper deed for your jurisdiction.Yes. They should both be listed as grantees on the deed and the deed should be a survivorship deed. You should consult with an attorney who can draft a proper deed for your jurisdiction.

What can youdo If there is a survivor deed and the husband makes out a will leaving it to another child from 1st marriageand the law firm that did the deed did not advise him of the deed on file?

If a husband and wife own property as joint tenants, with rights of survivorship, and the husband dies - the surviving spouse gets the property regardless of what the will says. Joint tenancy supercedes wills.

Both husband and wife are on deed as joint owners. Can husband make a deed to a girlfriend without the wife knowing?

no

Do you have to change the et ux on a deed after the husband dies?

A deed should not recite et ux in the granting clause. Both the wife and husband should be recited in the granting clause as grantees. You should not need to record a new deed. If the property was owned by a survivorship deed it is likely you will only need to recorded a death certificate and a statement stating no estate taxes are due. An attorney could advise you.A deed should not recite et ux in the granting clause. Both the wife and husband should be recited in the granting clause as grantees. You should not need to record a new deed. If the property was owned by a survivorship deed it is likely you will only need to recorded a death certificate and a statement stating no estate taxes are due. An attorney could advise you.A deed should not recite et ux in the granting clause. Both the wife and husband should be recited in the granting clause as grantees. You should not need to record a new deed. If the property was owned by a survivorship deed it is likely you will only need to recorded a death certificate and a statement stating no estate taxes are due. An attorney could advise you.A deed should not recite et ux in the granting clause. Both the wife and husband should be recited in the granting clause as grantees. You should not need to record a new deed. If the property was owned by a survivorship deed it is likely you will only need to recorded a death certificate and a statement stating no estate taxes are due. An attorney could advise you.

Should a husband add his wife's name to the deed or just leave the house to his wife in his will?

A wife's name should be on the deed to the property as a tenant by the entirety or a joint tenant with the right of survivorship. That way, when the husband or wife dies, the surviving spouse will own the property with no need of probate.A proper survivorship deed can save on considerable legal expenses later if the property remains in only the husband's name and his estate must be probated. The property will be used to pay any outstanding debts of the husband. If those expenses cannot be paid, along with the legal costs of probate, then the house will need to be sold to pay them.Also, in addition to avoiding probate, a tenancy by the entirety provides special protections against creditors.A wife's name should be on the deed to the property as a tenant by the entirety or a joint tenant with the right of survivorship. That way, when the husband or wife dies, the surviving spouse will own the property with no need of probate.A proper survivorship deed can save on considerable legal expenses later if the property remains in only the husband's name and his estate must be probated. The property will be used to pay any outstanding debts of the husband. If those expenses cannot be paid, along with the legal costs of probate, then the house will need to be sold to pay them.Also, in addition to avoiding probate, a tenancy by the entirety provides special protections against creditors.A wife's name should be on the deed to the property as a tenant by the entirety or a joint tenant with the right of survivorship. That way, when the husband or wife dies, the surviving spouse will own the property with no need of probate.A proper survivorship deed can save on considerable legal expenses later if the property remains in only the husband's name and his estate must be probated. The property will be used to pay any outstanding debts of the husband. If those expenses cannot be paid, along with the legal costs of probate, then the house will need to be sold to pay them.Also, in addition to avoiding probate, a tenancy by the entirety provides special protections against creditors.A wife's name should be on the deed to the property as a tenant by the entirety or a joint tenant with the right of survivorship. That way, when the husband or wife dies, the surviving spouse will own the property with no need of probate.A proper survivorship deed can save on considerable legal expenses later if the property remains in only the husband's name and his estate must be probated. The property will be used to pay any outstanding debts of the husband. If those expenses cannot be paid, along with the legal costs of probate, then the house will need to be sold to pay them.Also, in addition to avoiding probate, a tenancy by the entirety provides special protections against creditors.

How should the grantee be written for a warranty deed if you have a husband and wife?

example: john smith and Mary smith, husband and wife, as joint tenants with rights of survivorship who reside at ...AnswerIn some jurisdictions a tenancy by the entirety provides married people with the ultimate protection. It is a form of ownership reserved for married people. The property cannot be partitioned or siezed by the creditor of one person. It is the strongest form of survivorship. Neither can sever the survivorship rights of the other. It would be expressed as . . . to Kendra and Timothy O'Connor, husband and wife, as Tenants by the Entirety . . . .

Can a wife whose name is on the deed and the mortgage do a deed in lieu without the husband?

No. If the husband is a grantee on their deed then he must sign the deed in lieu of foreclosure. If only the wife signed then the lender would acquire only the wife's interest in the property.No. If the husband is a grantee on their deed then he must sign the deed in lieu of foreclosure. If only the wife signed then the lender would acquire only the wife's interest in the property.No. If the husband is a grantee on their deed then he must sign the deed in lieu of foreclosure. If only the wife signed then the lender would acquire only the wife's interest in the property.No. If the husband is a grantee on their deed then he must sign the deed in lieu of foreclosure. If only the wife signed then the lender would acquire only the wife's interest in the property.

When husband dies and ex-wife is on deed as joint tenant with survivorship to assure her interest of 25000 he owed her does new wife have any rights to property?

No, the new wife has no interest in this property. When one of the two tenants who hold title to a parcel of real estate as Joint Tenants With Right Of Survivorship dies, the surviving tenant instantly gains sole title to the real estate by operation of law.

If the land is in husband's name only and the wife is on note for house should the land be deeded to include the wife's name?

Absolutely yes. If the wife agrees to be responsible for paying the note then she should also be included as a tenant by the entirety or joint tenant with the right of survivorship on the deed. She should not sign the note until she has been so added to the deed.