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If one spouse's name is on the deed and mortgage does the other spouse have any rights of claim to the property?
If it's the primary residence, both spouses have equal rights of ownership regardless of whose name is on the deed or mortgage. Second homes or investment properties do not apply to this. The court assumes "tenants in common" ownership for any married couple regarding their primary residence. (there may be an exception in some states if the house was owned by one person before they got married, and now the spouse lives there too - ask a lawyer if that's the case)
What else can I help you with?
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.
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.
Who is the owner of a home if only one spouse signs the mortgage?
The owners of any property are the grantees listed on the current deed. The property may be subject to a mortgage if any owner granted a mortgage to a lender.
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.
Can you remove your spouse's name from the property if separated?
No. You cannot remove a spouse's name from a mortgage or a deed. If you want their interest in the property they must execute a deed voluntarily, transferring their interest to you. You may need to buy them out.No. You cannot remove a spouse's name from a mortgage or a deed. If you want their interest in the property they must execute a deed voluntarily, transferring their interest to you. You may need to buy them out.No. You cannot remove a spouse's name from a mortgage or a deed. If you want their interest in the property they must execute a deed voluntarily, transferring their interest to you. You may need to buy them out.No. You cannot remove a spouse's name from a mortgage or a deed. If you want their interest in the property they must execute a deed voluntarily, transferring their interest to you. You may need to buy them out.
In Massachusetts can a lender foreclose on the surviving spouses house if the home loan was made in the deceased's name only?
Generally: If the property was owned solely by the mortgagor at the time the mortgage was granted, the lender can foreclose on the mortgage if the mortgage isn't paid. The mortgage is a lien on the property. If the surviving spouse has inherited the property it is still subject to the mortgage lien. The foreclosure will be done against the mortgagor, however, the surviving spouse will lose the property if it isn't paid for. If the property was owned by both spouses and the surviving spouse didn't sign the mortgage then the lender has a problem. It can only foreclose on the mortgagor's interest in the property and not the interest of the surviving spouse. The situation is further complicated for the lender if the spouses held title as tenants by the entirety. Please advise if that is the case by using the discussion page. If possible, you should consult with an attorney who could review your situation and advise you of your options. You should be able to get the preliminary advice you need in a single visit. You should bring a copy of your deed and any correspondence you have received from the lender.
Why are both spouses required to be on the property deed but not on the refinanced mortgage loan and who would be responsible upon the death of one spouse?
The deed to property and the wording of the deed establishes ownership. If a married couple does not reside in a community property state it is very important that both spouses be on the deed with the correct ownership status noted. In a case of death where only one spouse is listed on the financial agreement but both are named on the deed the probate laws apply. If the surviving spouse wishes to retain the property and he or she is not a co-buyer they will most likely be required to reaffirm the mortgage with the lender if the mortgage was not protected by insurance.
If a spouse is not on a mortgage loan do they have rights to the house?
The answer depends on the laws in your particular jurisdiction and when the property was purchased.
Do heirs spouses has to sign the deed to sell estate property?
Laws vary based on the jurisdiction. In most, the spouse has to sign their rights in the property away. This prevents them from clouding title to the property later on.
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.
What is the cost to add a spouse to your mortgage?
A spouse is not added to a mortgage; if the spouse already owns an interest in the property through deed or community property, then the spouse is subject to the mortgage, regardless of whether or not he or she signed it. Note, however, that many mortgages contain "due on sale" clauses which require the mortgage to be refinanced if there is a change in ownership of the property. Contact your bank to see if your loan contains such a clause.
What are the legal rights of a common law spouse in Texas?
In Texas, common law spouses do not have the same legal rights as married couples. Common law spouses are not recognized as legally married in Texas, so they do not have the same rights to property division, spousal support, or inheritance as legally married couples. It is important for common law spouses to have legal agreements in place to protect their rights in case of separation or death.
Can you please give the wording for a deed transfer when one of the spouses is deceased?
It is called Rights of Survivorship.Rights of Survivorship~ the property automatically transfers to one spouse upon the death of the other.
If a spouse quitclaims a property in California do they have any community property rights to it at all?
no there are no rights
Incarcerated husband property rights spouse?
The spouse of an incarcerated husband has all rights over their property. This is only if the two people are legally married.
Only one spouse on mortgage are both responsible for foreclosure?
No. Both may be on the deed which means that you have rights to the property. However, if there is only one on the mortgage; meaning they are the only one that signed the promissory note, then they are the only ones who will be responsible. So long as you are not on the note to the mortgage, then you have no responsibility for the debt.
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.
