0
What happens to real property when a person dies intestate living in a non community property state and is married but has one child from a previous marriage?
Wiki User
∙ 10y ago
It is likely that the property was held by a survivorshipdeed by the decedent and their spouse. You can check by visiting the land records office where the property is located and by checking the deed. If the property was held as joint tenants with the right of survivorship or as tenants by the entirety(reserved for married couples) full ownership automaticallypasses to the Survivor when one dies. If the property was held as tenants in common, the half interest of the decedent passes to their heirs under the state laws of intestacy. You can check the laws in your state at the related question link.
It is likely that the property was held by a survivorshipdeed by the decedent and their spouse. You can check by visiting the land records office where the property is located and by checking the deed. If the property was held as joint tenants with the right of survivorship or as tenants by the entirety(reserved for married couples) full ownership automaticallypasses to the survivor when one dies. If the property was held as tenants in common, the half interest of the decedent passes to their heirs under the state laws of intestacy. You can check the laws in your state at the related question link.
It is likely that the property was held by a survivorshipdeed by the decedent and their spouse. You can check by visiting the land records office where the property is located and by checking the deed. If the property was held as joint tenants with the right of survivorship or as tenants by the entirety(reserved for married couples) full ownership automaticallypasses to the survivor when one dies. If the property was held as tenants in common, the half interest of the decedent passes to their heirs under the state laws of intestacy. You can check the laws in your state at the related question link.
It is likely that the property was held by a survivorshipdeed by the decedent and their spouse. You can check by visiting the land records office where the property is located and by checking the deed. If the property was held as joint tenants with the right of survivorship or as tenants by the entirety(reserved for married couples) full ownership automaticallypasses to the survivor when one dies. If the property was held as tenants in common, the half interest of the decedent passes to their heirs under the state laws of intestacy. You can check the laws in your state at the related question link.
Wiki User
∙ 10y ago
Wiki User
∙ 10y agoIt is likely that the property was held by a survivorshipdeed by the decedent and their spouse. You can check by visiting the land records office where the property is located and by checking the deed. If the property was held as joint tenants with the right of survivorship or as tenants by the entirety(reserved for married couples) full ownership automaticallypasses to the survivor when one dies. If the property was held as tenants in common, the half interest of the decedent passes to their heirs under the state laws of intestacy. You can check the laws in your state at the related question link.
Add your answer:
Earn +20 pts
Do children from a second marriage have legal rights to properties acquired by their father on the third marriage?
That depends on where your father lived with his last wife, how they held title to property, if he died testate or intestate and the laws of intestacy of the state where he died or owned property. If your father owned his property as a joint tenant with the right of survivorship with his third wife then you get nothing. If he acquired his property during his marriage in a community property state then you get nothing. You may inherit a portion if he owned property in his own name and died intestate or if he left property to you in his will. It depends on a lot of other details.
What if you live in a community property state and on spouse owned property before the marriage if they divorce what are the spouses rights?
Property owned prior to marriage is not considered community property unless it was converted to community property by some action by the parties.Property owned prior to marriage is not considered community property unless it was converted to community property by some action by the parties.Property owned prior to marriage is not considered community property unless it was converted to community property by some action by the parties.Property owned prior to marriage is not considered community property unless it was converted to community property by some action by the parties.
What does community property state mean?
The term community property state means that the community property in a marriage divided equally between the two parties when there is a divorce. This property usually does not include property owned before the marriage.
Is property acquired after a marriage considered community property in a non community property state such as Illinois?
In a community property state property purchased after marriage becomes the property of both parties.Community property rules govern in community property states. Property ownership is different in separate property statesand those rules allow a spouse to acquire separately owned property in some cases.
If you owned your property prior to marriage will your ex be entitled to any part of it after a 6 month marriage?
No, community property refers only to that property that is gained during the marriage. However, if you use community property or income earned during the marriage to continue mortgage payments, to improve, etc, then a portion of it does become community property.
If property is purchased in your husbands name only is it considered community property?
If the property was purchased during the marriage it is community property if you live in a community property state.
If a will is deemed invalid how will the property be divided?
If the will is deemed invalid by a court, there are two possibilities. One is that there was a previous will, which will then become the valid will. If no previous will, then the property will be divided based upon the rules of intestate that apply in that state or country.
What determines common law marriage and community property rights in the state of California?
California does not recognize common law marriage. Community property rights can only be acquired through a legal marriage. Community property rights are governed by state law.
If property acquired after marriage in a community property state considered to be community property if a loan is taken against the property.?
Yes.Yes.Yes.Yes.
What does non community property mean?
A non-community property state is a separate property state.A non-community property state is a separate property state.A non-community property state is a separate property state.A non-community property state is a separate property state.
What is considered community property?
Generally, anything that a married couple accumulates during the marriage is considered community property, that is, both spouses own an undivided share of the whole. Community property courts start with a strong presumption that anything acquired during marriage is a community item, the spouse claiming a particular item is not community property has the burden of proving otherwise. The main areas of separate property are those items acquired before marriage, items received as a gift through a will or by inheritance, and those properties purchased with separate property funds.
In a community property state is property inherited after marriage considered community property?
Property acquired prior to marriage is separate property and remains separate unless the spouse is granted on title and contributes to the mortgage payments from community funds, then they acquire an interest in that separate property in proportion to their contributions. Paying insurance taxes, utilities is not considered a basis to make the property community.
