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%.
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.
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 my spouse dies can his adult children take my home the house is owned by bothe of us
If it is in both of your names then yes.
If the loan was in both of your names, yes. That is your foreclosure also.
California is a community property state. Essentially, anything financial is owned or the responsibility of both entirely.
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.
Ownership of real property is determined by the names on the deed.
Of course. It's addressed to you.
Your spouse needs to be present.
Whomever claims the other spouse would claim the house.
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.
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 you are also on the deed the sale must have both your consent and your signature.
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.
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.
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.
No he only had two house, both in California.
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.
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.
It is not compulsory in the UK.
No, there is a divorce by default as long one spouse is served. Also see a California divorce Attorney- www.california-familylawyers.com
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.
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