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What happens if a married couple own property and the spouse dies and the deed does not show right of surviorship?
If there was no survivorship created in the deed you should check with an attorney in your area who specialize in real estate law and probate law. Some states presume a survivorship interest between legally married people. In other states the default tenancy is tenants in common. In that case, the half interest of the decedent would pass according to the terms of his will or the state laws of intestacy if there is no will. The rules are different in a community property state.
What else can I help you with?
What is joint marital property?
It means it is all the property that belongs to a married couple only.
What happens to inheritance in a divorce or separation?
What happens to an inheritance in a divorce or separation depends on the terms of the inheritance. If the inheritance states that marriage is a factor, then the married couple will likely inherit the property since it is a common asset.
How is property divided in Louisiana when a couple is not legally married but share a biological child?
When a couple is not legally married they have no statutory rights in the other's estate. Their separate property would pass to the child. Any property held as joint tenants with the right of survivorship would pass to the survivor.
Can a married couple quit clam property to one another being both the grantee and grantor?
No, a married couple cannot quitclaim property to one another, as they both have an existing legal interest in the property as spouses. However, they can transfer their interest in the property to a third party through a quitclaim deed. Alternatively, they may consider other types of property transfers, such as a warranty deed or a marital property agreement. Consulting with a lawyer is advisable for guidance in specific cases.
How long does a couple need to be married for property to be considered community property?
You do not necessarily have to be married to own jointly owned property and even when an individual is married for 60 years he could still keep property separate from his spouse. Property is considered jointly owned if you purchased it together (each contributing), your name is on the property, or in some situations when you are married and you have substantially contributed to the property. If your spouse has kept the property separate by keeping it in his name, only putting his money into it then it will be considered separate.
Should a married couple put both names on an auto loan?
no because if something happens then it happens to both of you.
When a couple are not married and one owns a home does this home become community property?
That will depend on the laws in that jurisdiction. Some have rights in property regardless of whether it is community property or not.
Can a divorced couple file taxes as married if they own property together?
They can't file as married.....but they actually certainly can own propert together.
In the state of washington- does the remaining spouse inherit all property?
The state of Washington is a community property state in which property owned by a married couple has joint ownership. Therefore, a remaining spouse will inherit all property.
How do you get property in your name if spouse dies without a will?
If the property is jointly owned by the married couple it generally reverts automatically to the surviving spouse and does not enter probate. If the married couple lived in a community property state the property does not need to have both names on the title for it revert to sole ownership by the surviving spouse. The procedure for changing deeds/titles to real property is established by state law. Contact the land recorder or assessor's office in the city or county where the property is located.
Who gets married in the book breaking dawn by stephnie Meyer?
Bella and Edward get married in Breaking Dawn, it happens in the first couple of chapters.
If you file bankruptcy and your spouse dies in 6 months does the trustee take your house or do you get to keep it due to Tenants by Entirety rights of surviorship?
TBE homestead protection is severed once a spouse dies or the married couple divorce. Therefore the home would be subject to BK laws if it is not protected by the homestead exemption.
