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In community property states, both spouses generally have equal ownership rights over property acquired during the marriage. As such, one spouse typically cannot sell community property without the consent of the other spouse. However, certain exceptions may apply, such as in cases of an emergency or if one spouse has been granted authority through a legal agreement. It's essential to consult local laws and potentially seek legal advice for specific situations.
What else can I help you with?
Can a spouse sell any personal property while they are separated?
If the property rightfully belongs to the spouse, then yes they can sell it. If they do not rightfully own the property, then they cannot legally sell the personal property.
Is a spouse in a community property state entitled to a share of spouse's inheritance?
NO.NO.NO.NO.
If you are unemployed and being sued can they come after your spouse in any way?
Yes, they can. You and your spouse are legally a single financial entity. Any property acquired by your spouse after your marriage is community property, with you having an equal interest. The only property not considered community property would be what your spouse owned prior to your marriage.
If a spouse quitclaims a property in California do they have any community property rights to it at all?
no there are no rights
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 do you do when a spouse forges your name to sell property?
Sue. This is a felony.
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 one of the married partners acquires real estate by deed does that give the other spouse legal rights to that property?
It depends on the state that the property is in. In a separate property state the spouse would not acquire an interest. In a community property state if the property is acquired by deed during the marriage it becomes community property.
In Texas, when a spouse dies, who is entitled to the house?
In Texas, when a spouse dies, the surviving spouse is typically entitled to the house if it was community property or if it was left to them in the deceased spouse's will.
Do children have rights in or to community property if father dies but mother is living?
You need to check your particular state laws. In a community property state each spouse owns a one-half share of the marital property. In some states a spouse can dispose of their interest by their will to someone other than their surviving spouse.Upon the death of one spouse state laws vary on intestate (without a will) inheritance. In some, the surviving spouse inherits their deceased spouse's share if there are children of the marriage. In some the surviving spouse receives only a half of that share if there are children by a former marriage. In Louisiana the share of a deceased spouse in community property passes to their estate if they had children but the surviving spouse can use the property until death or remarriage. If the deceased had no children the community property passes to the surviving spouse.People who own property in a community property state should consult with an attorney about estate planning. If you are a surviving child then you should consult with an attorney who specializes in probate law.
If you inherit money from your parents will your spouse be entitled to it in California?
Generally, inherited property is separate property in a community property state.
In Virginia can a spouse whos name is on the deed and mortgage sell their house without the other spouse consent whos name is not on either one?
California is a community property state. Your husband may need your signature to sell his property if it was not titled as "separate property". Property acquired after marriage may become community property depending on the source. If the property was inherited then you may have no claim. However, if the property was purchased then the following passage may apply: "In California, any assets that are acquired during marriage become community property, (i.e., belonging to both spouses), unless they are specifically acquired as separate property. Real property that is conveyed to a married man or woman is considered community property, unless it is stated otherwise. In order for a married individual to acquire title in his or her name only, the spouse must relinquish all right, title and interest to the property. Usually, this is done by executing a Quitclaim Deed to the property, which is recorded concurrently with the deed to the property." You should seek the advice of an attorney.
