0
In England and Wales, provided the house is registered land (i.e. registered at the Land Registry), and it is currently in joint names, it will depend on whether the land is registered as "Joint Tenants" or "Tenants In Common".
If it is Tenants In Common, then it will depend on whether the deceased spouse has left their share of the property to the surviving spouse in their will. If so, then the will have to be proven (Probate granted) and an Assent prepared. The Assent is the document signed my the executor of the estate of the dead person that shows the transfer of the deceased's share to the Survivor.
If it is Joint Tenants, the ownership automatically passes to the survivor, and all that needs to be done is to produce the death certificate to the Land Registry.
It is important to get legal advice before doing this, because there may be tax implications that are affected by the precise timing and nature of the change of ownership. It may also not be necessary to register any change if (for example) the house is to be sold fairly quickly.
What else can I help you with?
Can you auction home before divorce is final?
Depends on who owns the house, how the ownership of the house has been allocated (per the court) and if you have the consent of the spouse (if they are deemed to have partial ownership of the home).
Who has ownership of a house after a separation?
Separation does not affect ownership. Only the parties or the court can change the ownership.
Your house is titled Joe Smith and Mary Smith Does ownership of the house go automatically to the surviving spouse?
If joe and Mary are married, and the house was bought using "Tenants in the Entirity" (which is the default for married buyers), then yes, the ownership of the house passes to the surviving spouse without any tax consequences. It's a privilege given to married people that single people do not have.
In Indiana if a husband dies without a will the surviving spouse is not on the deed of the house but the daughter is on the deed with Dad and there is no will who gets ownership of the house?
That would depend upon the laws of intestacy and survivorship in Indiana, and the exact words used in the deed. Without looking up your particular state: It may well be that the surviving joint tenant (the daughter) obtains exclusive ownership of the house, as the estate has no ownership of the house to distribute in probate of the intestate. If the daughter and father were tenants "in common", and not jointly, then the father's ownership passes to the statutory heirs by intestacy (typically half to the surviving spouse and half to be divided by all children or their surviving heirs, etc).
If parents own a house jointly can one parent will their half to a child or does the house go to the surviving spouse?
If the deed says that they own it together with rights of survivorship, it will go to the spouse. Still, even if the one will says that she leaves her half to a child, the entire house will still belong to the surviving spouse if she dies first.
If you are married to an illegal immigrant and own a house then you divorce what happens with the house?
You should get a quitclaim recorded by the ex-spouse if they are on the title. The mortgage in your name will still be payable. As far as I know, foreigners can have ownership in property in the US
Is it legal to change locks on door if a spouse moves out?
yes it is alswyas legal as long as you own the house
What if you own your house before you were married then after you were married you refinance your home to put your spouse on the deed and the morgage then you get divorce?
You need to talk to a divorce lawyer about that.
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.
Our house is in joint names what do i need to do when my spouse dies?
You don't need to do anything. The deed on record shows that you are both owners as husband and wife, meaning most likely tenants by the entirety. This is like joint ownership with right of survivorship. When one spouse dies, the surviving owner automatically becomes the sole owner. No new deed is needed to confirm ownership in the surviving spouse. If you are selling that house, all you need to do to prove you are the sole owner is to produce a death certificate and sign what is called an affidavit of title, which among other things, confirms that you were married at the time of death of your spouse.
Change a house title due to spouse death?
Assuming you mean "real estate" and not personal property, your local state laws will determine if you need to do anything at all. In some states, the deed to husband and wife automatically belongs to the survivor. In other states you will need an executor's deed (in probate) recorded in the registry to clarify surviving ownership. Ask an attorney involved in estate administration for the details that pertain to your situation. You will need his death certificate, and possibly, your marriage license. Call a title company to find out--they will do this for you for a fee.
If you are refinancing and your spouse is the only one on the loan but you are on the title will that be a problem since you are in a chapter 13 and your spouse is not?
Yes You can not refinance without a court order if the bankruptcy is still open on you.You own the house with your wife and all Your meaning just you assets are frozen until the bankruptcy closes and part of your assets are your part ownership in the house.
