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What legal rights does a spouse have after abandoning the home?

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2011-09-13 10:40:03
2011-09-13 10:40:03

Your husbands rights vary from state to state but in California his rights are defined by law according to how the title on the property is held. If he owns half of it then it is half his. Abandonment is defined legally and just because he has deserted the property does not mean he has relinquished any rights legally. You need to look at the law of property abandonment and see if his actions do in fact meet the test for abandonment. If it is truly abondonment as defined by the law then and only then does he truly lose his right to claim any gain from the property but in fact abandons his right to claim. Even under abandonment laws there are still some resopnsibilities of ownership that will always fall on the owner reguardless what state of ownership or lack of exists. i.e., someone get hurt on property...they counld still sue the person who thinks they abandoned the property.

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I don't know what state you are in, but in some states this constitutes "abandonment"; and it can be defined as abandoning your spouse or abandoning your home and its contents. Some states award the spouse who stayed behind the house and furnishings, etc. He may be trying to pull a fast one........but if you fear for your safety, absolutely get out.

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If child dies, does his spouse have any legal claim with in-laws home?

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Not if it has both spouses on the deed. And in some states, even if the spouse is not on the deed, her permission has to be obtained, because she may have dower rights in the property.

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The mortgage agreement is still valid and must be adhered to by all parties that are named in the lending agreement or the lender can begin foreclosure proceedings. The spouse abandoning his or her personal and financial responsibility has no bearing on the validity of any debt.

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If you're in the US, no, you don't forfeit property rights merely by moving out of the property.

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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.

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If your ex-spouse has a lien on your home and you are in possession of a release then you must record the release in the land records immediately. If you die and the release is lost there will be no proof the lien was paid and your ex-spouse may well take the necessary legal steps to take the property.If your ex-spouse has a lien on your home and you are in possession of a release then you must record the release in the land records immediately. If you die and the release is lost there will be no proof the lien was paid and your ex-spouse may well take the necessary legal steps to take the property.If your ex-spouse has a lien on your home and you are in possession of a release then you must record the release in the land records immediately. If you die and the release is lost there will be no proof the lien was paid and your ex-spouse may well take the necessary legal steps to take the property.If your ex-spouse has a lien on your home and you are in possession of a release then you must record the release in the land records immediately. If you die and the release is lost there will be no proof the lien was paid and your ex-spouse may well take the necessary legal steps to take the property.

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Yes, you do have rights. According to the section of the North Carolina Statutes provided below a surviving spouse has the right to an elective share of her husband's estate. You should seek the advice of a probate attorney in your area.

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Without a court order of some type - there is no legal way. If your relationship with your spouse has degraded to the point where you feel you have legal grounds for a restraining order, you can file for such an order in civil division/family court. If the petition is granted the judge can order that your spouse leave the marital home. However, even if this measure is granted it is only temporary. You will undoubtedly have to file for divorce and the division of marital assets, which (unless you own the home outright) would probably force either the sale of the home and division of the proceeds or, alternatively, require that the spouse to buy out your interest in it.

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that's very mean. you should resort to an alternative solution. therapy??

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The spouse of a beneficiary has no rights to the estate. Removal of property without the executor's authorization could be prosecuted as theft.

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You cannot disinherit your spouse in Tennessee. The surviving spouse has the legal right to claim a share of the estate. You should consult with an attorney who can review your situation and determine what your options are.

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Yes Watson. But the real question is: can the spouse spouse the home after the reverse mortgage dies live?

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Yes, you'll be in trouble soon as the taxes become delinquent. Also, you'll be legally responsible if anyone gets injured or if the city must tear it down or clean it up for public health reasons. If the home is paid off there is no reason not to try to sell it for an extremely attractive price, "as is", rather than abandoning it.

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You need to consult with an attorney in your state to determine your rights, obligations and the consequences of a legal separation. A couple that is legally separated is still legally married. In most jurisdictions your surviving spouse will remain your heir at law for purposes of inheritance. See related link.You need to consult with an attorney in your state to determine your rights, obligations and the consequences of a legal separation. A couple that is legally separated is still legally married. In most jurisdictions your surviving spouse will remain your heir at law for purposes of inheritance. See related link.You need to consult with an attorney in your state to determine your rights, obligations and the consequences of a legal separation. A couple that is legally separated is still legally married. In most jurisdictions your surviving spouse will remain your heir at law for purposes of inheritance. See related link.You need to consult with an attorney in your state to determine your rights, obligations and the consequences of a legal separation. A couple that is legally separated is still legally married. In most jurisdictions your surviving spouse will remain your heir at law for purposes of inheritance. See related link.

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Abandonment is knowing relinquishment of one's right or claim to property without passing rights to another and with no intention to reclaim possession. Deserstion of one's spouse or child.

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It will depend on the laws at that location. In most states the spouse has rights in any property owned by the couple while they are married.

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Unless you have a restraining order on her or some other legal order stating she may not enter your home, she has every right to be there.

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A 17 year old girl does not have any rights when moving away from home in Australia as the legal age to move out is 18.

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It is very common for either spouse to cheat or be verbally or physically abusive and not leave the residence. The only way one can have a spouse leave the home is by seeking legal counsel and filing for divorce.

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I am assuming that the "marital home" was in the husband's name alone. Yes. In Massachusetts there is a provision where a spouse can waive the will and take her share as if there was no will. I am sure other states have the same provision, at least I hope so. Those statutory provisions make it difficult for a man to disinherit his wife.

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Yes, just about anybody can will you just about anything, as long as it doesn't violate the statutory rights of other survivors (e.g., spouse, children).


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