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"Someone else" gets the property. The surviving spouse can certainly contest the will. And there may be specifics in the state that entitle the surviving spouse to a portion of the real property, or a life estate in real property. Consult an attorney licensed in the state in question.

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18y ago

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In Florida if your parents are refinancing would your spouse need to sign the mortgage?

Not unless your spouse is on the title to the property. If not and your spouse signs, then your spouse will be fully responsible for paying the mortgage.Not unless your spouse is on the title to the property. If not and your spouse signs, then your spouse will be fully responsible for paying the mortgage.Not unless your spouse is on the title to the property. If not and your spouse signs, then your spouse will be fully responsible for paying the mortgage.Not unless your spouse is on the title to the property. If not and your spouse signs, then your spouse will be fully responsible for paying the mortgage.


If you are married and your spouse dies and you are not living together and the property is in the spouses name what happens to it?

The answer depends on many factors. It depends on whether you live in a community property state and when your spouse acquired the property. It depends on whether your spouse left a will and if the property was devised in the will. It depends on whether there is a provision in your state law whereby a disinherited spouse can claim a share of the estate by "election" if the property was devised to another person. If there was no will then you can check the laws of intestacy in your state in the link at the related question below. You should contact an attorney in your area to determine if you have any interest in the property.


Does a spouse have to sign the mortgage in a non community state?

Yes, if the spouse has an ownership interest in the property.Yes, if the spouse has an ownership interest in the property.Yes, if the spouse has an ownership interest in the property.Yes, if the spouse has an ownership interest in the property.


If property was owned by deceased spouse prior to marriage what is the property rights of the surviving spouse with no will?

Typically the spouse inherits the entire estate unless there are children involved.


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.

Related Questions

What happens when a woman is pregnant and her spouse does drugs?

She leaves her spouse.


What happens if you are not on title and your spouse dies?

In most cases the spouse has a right in the property, even if they are not on the deed. If there is no will, the spouse typically inherits the property.


When one spouse dies what happens to jointly owned property?

The surviving spouse becomes the sole owner.


What happens to property of a non resident who dies without a will who is estranged from spouse.?

It passes to the decedent's heirs, the spouse of which will be one.


If a spouse's parent dies and leaves inheritance does this become community property with your spouse?

Not immediately. When you inherit something it is separate property because it was specifically designated to go to you. If you put these funds in a joint account or share them with your spouse then it would likely be deemed as transforming to community property.


What happens if a spouse takes his name off a deed prior to a legal separation from a spouse?

He no longer owns any interest in the property.


What happens legally and financially when you get married?

When someone marries, he is legally bound to one spouse and is not supposed to marry another without divorce. Financially, they are supposed to support each other and a spouse gets some rights over the marital property.


Married in las Vegas living in Florida only one spouse name on the property in Florida what happens if that spouse passes away?

the only thing to do is move on. if you have kids you have to make sure they understand that life moves on and you need someone else to love and care for you.


If your father-in-law leaves an inheritence to your husband are you intitled to some?

According to property laws, inheritence is considered separate property which is owned by the heir. A spouse is not entitled to inheritence.


Is will in ga invalid if remarried after will was made?

if someone remarries after making a will, does that surviving spouse get 50% of property


If a married woman with three children dies intestate how would her property be distributed?

" If there is no will , the procedure used for transferring property the deceased propert to his/her heirs is called Intestate succession. In the state of California the rules for dividing property are complex and dependent upon the relationship of kin: separate property: if the decedent has no will and leaves a spouse and one child, property is divided equally, 50-50. if there is a surviving spouse and two children, 1/3 goes to the spouse and 2/3 to the children. if there is no surviving spouse, property is divided qually among the children."


What happens when a married person dies and leaves no will?

Generally, when a married person dies intestate (without a will) any interest in property held with the spouse as joint tenants with the right of survivorship, or tenants by the entirety, automatically passes to the spouse. Any individually owned property passes according to the laws of intestacy. Those general rules govern non-community property. Property is distributed differently in community property states. See the related question below for a link to state by state intestacy laws.