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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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โˆ™ 2011-09-13 10:40:03
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Q: What legal rights does a spouse have after abandoning the home?
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Divorce pending husband wants children and spouse to leave home?

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.


What rights spouse have after death of the other spouse if the home was purchase before marriage by one spouse?

Depends on the will


If spouse dies does the widow still have in laws?

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


If a spouse is not on a mortgage loan do they have rights to the house?

If they are on the deed to the home, yes.


When a spouse moves out of home and then files for divorce - married in community of property - do they forfeit their rights to the home?

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


Can your spouse sell our home without the other spouse permission?

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.


What happens if one spouse leaves and there is a mortgage on the home?

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.


Do you have any legal rights of residency living in your boyfriends home in Texas?

No, you do not


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.


Does the surviving spouse have any rights if her spouse leaves the marital home to an adult child in his will in the state of North Carolina?

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.


Can your ex-spouse take your home when you die if you have a release of lien?

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.


Is it legal to kick your spouse out of the home when you live in PA?

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


Is a spouse of one of the beneficiaries of an estate permitted to remove tangible property from the home such as tools?

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


What is the purpose of the HSLDA organization?

The HSLDA, or Home School Legal Defence Association, to defend the legal rights of American parents to home school their children. They also promote this activity.


In TN If a will leaves property to adult children can they kick surviving spouse out if it is there primary home?

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.


Can a spouse be forced to leave her home and spouse legally?

Yes. For example, a restraining order against you by the other spouse will bar you from your home, your spouse's presence, your spouse's place of work, your kid's school, etc.


Are you entitled to part of your and your spouse house if it belongs to spouses parents?

No. You will have no legal right to assets in someones name other than yours and your spouse's. Special circumstances may apply and may vary state to state. You and your spouse have been purchasing the home together from the parents) In this case you should be eligible to split equity in home.


Can you get in legal trouble for abandoning a home that has been paid off?

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.


How can you remove your spouse from your home?

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.


Your daughter is 18 and left home she is still in school and considered a dependent Do you have any legal rights to bring her home?

No she's 18.


Can a spouse who has legal guardianship over her husband put him in a nursing home in Indiana and go bach home ro another state?

no. at least not legally, does not work if you are the wife or husband


can the spouse live in the home after the spouse dies under a reverse mortgage?

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


How long does a spouse have to be away from the home to be charged with abandonment?

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.


Do you have to wait until your legal separation is final to buy a home?

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.


Does the surviving spouse have any rights if her spouse leaves the marital home to an adult child in his will?

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.