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As a general rule, the surviving spouse can at least claim his/her community property interest in the property; the balance of the prop interest would be subject to claims by the decedent's heirs at law (children, siblings, parents, etc.). If there are no such heirs at law, then the surviving spouse should be able to claim 100%.

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โˆ™ 2008-11-12 17:55:27
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Q: What are the laws in California if a spouse dies and both names are not on the house?
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Related questions

If one spouse buys a house and the other spouse isn't on the deed are they entitled to half in a divorce?

No, the house is in the name of the one spouse. Which is why you MUST make sure you put both names on a deed.

In Texas can a spouse whose name is on the deed and mortgage sell their house without the other spouse consent?

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.

If your spouse dies without a will and the home is in both names but he has children Can they take part of the home?

if my spouse dies can his adult children take my home the house is owned by bothe of us

If a spouse files bankruptcy can the other be held liable for the mortgage payment if its in both names?

If it is in both of your names then yes.

Is surviving spouse liable for foreclosure in Pennsylvania after death of spouse?

If the loan was in both of your names, yes. That is your foreclosure also.

Is the spouse of a deceased credit card holder responsible for his debt if the spouse was not on the card in California?

California is a community property state. Essentially, anything financial is owned or the responsibility of both entirely.

If your house is in forecloure can your spouse buy another house while you file bankruptcy There was a quick claim done to get spouse name off of the title?

If two people owned property, executed a mortgage, and the mortgage is in default, the foreclosure will be filed in both names. It was both mortgagors who defaulted and both will be parties to the foreclosure. If one executes a quitclaim deed to the other that will not stop their being mentioned in the foreclosure.

You are filing bk chapter 7 but spouse is not your house is just in your name you also have land that has a mortgage in just your husbands name but both names are on deed will the land get taken from?

Ownership of real property is determined by the names on the deed.

Can a spouse open mail if both spouses names are on the mailing?

Of course. It's addressed to you.

If you and your spouse cosign a preapproved car loan from a bank and you are the primary can you alone go purchase the car at the dealer and put it in both names or must your spouse go with you too?

Your spouse needs to be present.

When two people buy a house do both of them get tax benefits?

Whomever claims the other spouse would claim the house.

If you are divorced and your spouse has not refinanced the house to take your name off title - does the homeowner's insurance have to be in both names in the State of Illinois?

Answering ""

If you own a house with your spouse and are in the process of getting divorced and the house sold before the divorce do you still split the proceeds?

If both of you signed the deed to the house you are entitled to half. However if your spouse owned the house before you were married it belongs to him.

Can a spouse take a home equity line without the other spouse?

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.

Can a spouse sell a house that you are on the title?

If you are also on the deed the sale must have both your consent and your signature.

Who inherits in Tennessee when husband dies and house was in both names. he has two grown children by another marriage?

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.

Can a spouse be added to a house deed when mortgage is in both names?

It depends on the laws of the the jurisdiction. In many cases the bank would have required this to get the mortgage. There may have been a quit claim deed filed with the mortgage.

In Georgia if a spouse dies and leaves bills in their name is the surviving spouse responsible for those bills?

If a spouse dies without a will and no funds, any bill in his name alone is not payable. If the debt has both names,eg a credit card with both names) yes you are responsible.If a will is left and there outstanding debts, these must be paid from the proceeds of the will.--- A: Even in community property states, debt may be incurred by either or both parties seperately. If the bills are in the deceased spouse's name alone, then no -- there is no transmission of debt. If the bills are in the name of both spouses, then the surviving spouse is responsible for the debt. Questions that are more difficult apply when there's equity in the estate of the deceased spouse, such as a jointly owned house with a mortgage. This may vary from state to state, and should be answered by an attorney.

Did Michael Jackson have a house in every state?

No he only had two house, both in California.

In Ohio if your spouse dies and you both own the house what does the survivng spouse have to do to keep the house?

Usually the mortage is set up as a survivors deed. This means that if one person dies, the spouce receives the deed in their own name. If this is not the case and the house wasn't willed to the other spouse, then it will have to be taken up in Probate Court.

Can your spouse sign your truck title over to a person she owes if both names are on it?

You should check with your local DMV to be sure, but I think if both names are listed, then it requires both signagures for the transfer to be legal. Otherwise, the transfer is invalid.

Do your husband and you have to put a house in both of your names?

It is not compulsory in the UK.

Do both parties in a divorce have to sign papers in California?

No, there is a divorce by default as long one spouse is served. Also see a California divorce Attorney-

When one spouse abandons another in NY who is responsible for the shared debt?

Unfortunately, if the debts are in both names then the remaining spouse will be responsible for paying them. The remaining spouse may want to consult with an attorney who could negotiate on their behalf with the creditors.

If spouse incarcerated and you want a divorce you were buying a house but the loan is not in your name but your name is on the title are you responsible for the house?

yes you are responsible for the payments because you are married it is a marital asset being bought after you were married so in a legal sense its in both your names regardless of the way its titled