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Will the house go into probate if one spouse dies and both names are not on it?
Wiki User
∙ 13y ago
Generally, yes. Any estate that holds real property must be probated in order for title to pass to the heirs. However, laws vary in different jurisdictions. A surviving may have special rights in community property states.
In separate property states the property will pass according to the provisions in the decedent's will or according to the state laws of intestacy if there is no will. In many jurisdictions the surviving spouse will inherit the estate, however, that scheme is not universal. In some states the children receive a share of an intestate estate especially when the surviving spouse is not their parent.
You need to consult with an attorney in your jurisdiction who can review your situation and explain your options.
Wiki User
∙ 13y ago
Wiki User
∙ 13y agoNo. If the husband died intestate (without a will), the estate will be divided according to state law. Usually this does in fact mean that the wife gets the home, but it's not "automatic" in the same sense it would be had they been joint tenants with right of survivorship or something like that.
Wiki User
∙ 8y agoYes, it is going to have to go to probate. Otherwise there is no way to transfer title.
Wiki User
∙ 7y agoYes, it will go into probate. That allows the title to be settled. In most places, the spouse will inherit the entire thing.
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Will the house go into probate if one spouse dies and both names are on it with a mortgage?
It will not go into probate if the house was purchased by them as husband and wife as tenants by the entirety or as joint tenants. Both spouses own whole interest together so that when one person dies the survivor becomes the sole owner. The deed does not even have to be changed.
In Ohio if your spouse dies and you both own the house what does the survivng spouse have to do to keep the house?
Usually the mortage is set up as a survivors deed. This means that if one person dies, the spouce receives the deed in their own name. If this is not the case and the house wasn't willed to the other spouse, then it will have to be taken up in Probate Court.
Is probate necessary if the spouse inherits everything in nc and both names are on the house deed?
Yes, probate would be necessary to insure that all debts are taken care of, the title gets properly transferred and that the appropriate state and federal taxes are paid. Consult a probate attorney in NC for specifics. There may be a short version of probate that can be used.
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.
If your spouse dies without a will and the home is in both names but he has children Can they take part of the home?
if my spouse dies can his adult children take my home the house is owned by bothe of us
Is surviving spouse liable for foreclosure in Pennsylvania after death of spouse?
If the loan was in both of your names, yes. That is your foreclosure also.
If a man dies in Tennessee without a will but his wife's name is on the deed does she own the property?
If "titled to both names" means "joint tenants" or "tenants by the entirety", then the absence or presence of a will is irrelevant because the surviving spouse obtains full ownership through the deed, not through probate.
Can a spouse take a home equity line without the other spouse?
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 your house is in forecloure can your spouse buy another house while you file bankruptcy There was a quick claim done to get spouse name off of the title?
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.
Our cars are not in both names. I am beneficiary of my husbands will. Can I change the title to my name?
Contact your state department of motor vehicles. There is usually a simple process for transferring the title to the surviving spouse that may involve a simple probate filing to establish a record of the death. They can advise you.
You are filing bk chapter 7 but spouse is not your house is just in your name you also have land that has a mortgage in just your husbands name but both names are on deed will the land get taken from?
Ownership of real property is determined by the names on the deed.
If you are divorced and your spouse has not refinanced the house to take your name off title - does the homeowner's insurance have to be in both names in the State of Illinois?
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