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Your husbands rights vary from state to state but in California his rights are defined by law according to how the title on the property is held. If he owns half of it then it is half his. Abandonment is defined legally and just because he has deserted the property does not mean he has relinquished any rights legally. You need to look at the law of property abandonment and see if his actions do in fact meet the test for abandonment. If it is truly abondonment as defined by the law then and only then does he truly lose his right to claim any gain from the property but in fact abandons his right to claim. Even under abandonment laws there are still some resopnsibilities of ownership that will always fall on the owner reguardless what state of ownership or lack of exists. i.e., someone get hurt on property...they counld still sue the person who thinks they abandoned the property.
What else can I help you with?
Divorce pending husband wants children and spouse to leave home?
I don't know what state you are in, but in some states this constitutes "abandonment"; and it can be defined as abandoning your spouse or abandoning your home and its contents. Some states award the spouse who stayed behind the house and furnishings, etc. He may be trying to pull a fast one........but if you fear for your safety, absolutely get out.
What rights spouse have after death of the other spouse if the home was purchase before marriage by one spouse?
Depends on the will
If spouse dies does the widow still have in laws?
If child dies, does his spouse have any legal claim with in-laws home?
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.
When a spouse moves out of home and then files for divorce - married in community of property - do they forfeit their rights to the home?
If you're in the US, no, you don't forfeit property rights merely by moving out of the property.
Do you have any legal rights of residency living in your boyfriends home in Texas?
No, you do not
What happens when a separated spouse will not allow sale of deceased spouses home when there is an executor?
The spouse does have some rights to the home, based on specific laws for the state in question. If their name is on the deed, they can control the sale. Consult an attorney in your state.
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.
Does the surviving spouse have any rights if her spouse leaves the marital home to an adult child in his will in the state of North Carolina?
Yes, you do have rights. According to the section of the North Carolina Statutes provided below a surviving spouse has the right to an elective share of her husband's estate. You should seek the advice of a probate attorney in your area.
Can your ex-spouse take your home when you die if you have a release of lien?
If your ex-spouse has a lien on your home and you are in possession of a release then you must record the release in the land records immediately. If you die and the release is lost there will be no proof the lien was paid and your ex-spouse may well take the necessary legal steps to take the property.If your ex-spouse has a lien on your home and you are in possession of a release then you must record the release in the land records immediately. If you die and the release is lost there will be no proof the lien was paid and your ex-spouse may well take the necessary legal steps to take the property.If your ex-spouse has a lien on your home and you are in possession of a release then you must record the release in the land records immediately. If you die and the release is lost there will be no proof the lien was paid and your ex-spouse may well take the necessary legal steps to take the property.If your ex-spouse has a lien on your home and you are in possession of a release then you must record the release in the land records immediately. If you die and the release is lost there will be no proof the lien was paid and your ex-spouse may well take the necessary legal steps to take the property.
Can a spouse Quit Claim ownership to their unencumbered home while they are still married?
Not if the home is jointly titled and the other spouse/owner is not agreeable to the transfer/sale. Likewise, if the couple live in a community property state and the home was acquired during the marriage, then both of them have equal rights to the property even if only one person is named on the deed/title. Quit Claims are not the desirable method for transferring/selling of property as they can be easily disputed and they do not guarantee clear title to the person who is acquiring the real estate.
Can a former spouse evict the child of her deceased husband where the late husband separated with the spouse and the husband had a child with another woman and stayed with that woman for a period19yrs?
In general, eviction laws vary by jurisdiction, but a former spouse typically cannot evict a child of a deceased husband if the child has a legal right to reside in the home, especially if they are a minor. The child's residency rights may be further complicated by the husband's long-term relationship with another woman and any legal arrangements that may have been made regarding custody or inheritance. It's advisable for the involved parties to seek legal counsel to clarify their rights and obligations based on the specific circumstances and local laws.
