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Only married people can own property as tenants by the entirety and it has special features. If one dies the title to the property passes automatically to the other. The right to survivorship cannot be severed. The debt of one cannot be used to force the sale of the property.
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∙ 16y ago
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How do you refinance home after death of spouse?
The best place to start is updating the deed. Once your deed is updated, you can refinance your home with ease.
Can a spouse and her children from a prior marriage be forced to vacate a home if that spouse's name is not on the deed after a restraining order is served to that spouse?
The spouse can, but not the children.
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.
Can you be on your wifes home owners insurance even though you are not on the deed or loan?
Yes, The insured can add a spouse to the policy as a co-insured. You don't have to be on the deed.
Can a spouse not on the deed buy the home at foreclosure?
I don't know anything about this but i don't see why not she wouldn't be able to!.Do what it do!
If you purchased your home before you got married and now your spouse wants to be on the loan do you refinance in order to add him?
you just need to add your spouse to the deed. your banker can help you with that
If a spouse is not on a mortgage loan do they have rights to the house?
The answer depends on the laws in your particular jurisdiction and when the property was purchased.
What happens when a separated spouse will not allow sale of deceased spouses home when there is an executor?
The spouse does have some rights to the home, based on specific laws for the state in question. If their name is on the deed, they can control the sale. Consult an attorney in your state.
Married couple have Florida deed in Fee Simple spouse dies intestate does deceased spouse's child from previous marriage have any claim to interest in home Is Florida default Tenancy in the Entirety?
The default tenancy on a deed to married persons in Florida is tenancy by the entirety.
Will surving spouse inherit home in deceased name in fl?
That is the normal distribution. If there are others on the deed that may affect things. And a spouse normally has a right to the property for at least a life estate.
Does a spouse have the right to money received from a home equity loan if the loan is in the other spouses name but the deed is in both their names?
Yes they do
Home is deeded to one spouse and to his heirs upon his death Is wife an heir?
That would depend on the wording of the deed. If a deed has as remaindermen the "heirs of his body" or "his issue" then the answer is no. IF the deed states to his "heirs at law" then the answer is yes. You should seek the help of an attorney who will review the language used in the deed.
