answersLogoWhite

0


Best Answer

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%.

User Avatar

Wiki User

15y ago
This answer is:
User Avatar

Add your answer:

Earn +20 pts
Q: What are the laws in California if a spouse dies and both names are not on the house?
Write your answer...
Submit
Still have questions?
magnify glass
imp
Related questions

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


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.


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.


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 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 "http://wiki.answers.com/Q/If_you_are_divorced_and_your_spouse_has_not_refinanced_the_house_to_take_your_name_off_title_-_does_the_homeowner%27s_insurance_have_to_be_in_both_names_in_the_State_of_Illinois"


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.


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.


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.


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

Whomever claims the other spouse would claim the house.