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%.
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 the loan was in both of your names, yes. That is your foreclosure also.
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 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.
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"
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.
Your spouse needs to be present.
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.
Whomever claims the other spouse would claim the house.