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When a spouse dies and the other spouse did not live with him is she entitled to his personal property?
Wiki User
∙ 13y ago
Yes. A surviving spouse is entitled to a statutory share of an intestate (without a will) estate in most jurisdictions. You can check the laws in your state at the related question link provided below.
Wiki User
∙ 13y ago
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If a spouse did not contribute to the upkeep or purchase of the property are they entitled to half of the property?
No, the house is in the name of the one spouse. Which is why you MUST make sure you put both names on a deed.
In Texas does wife get all if husband die?
The answer is somewhat complicated.Community PropertyAll property acquired during a marriage is presumed to be community property. Under Texas laws, if you are married and are survived by a spouse and children, then:Your surviving spouse will inherit all your community property if all your children are also the children of your surviving spouse;Otherwise, all your one-half interest in the community estate will pass to your children, with your spouse keeping only his or her one-half interest.If you do not have any children, then your surviving spouse will inherit all of your community property.Separate PropertyIf your property is characterized as separate property, the distribution scheme is different:If you are survived a spouse and children, your surviving spouse is entitled to one third of your separate personal property and only a life estate (the right to use the property until his or her death) in one-third of your separate real property. The rest would be inherited outright by the children of the deceased spouse.If you are married but have no children or other descendants, your surviving spouse would be entitled to all the separate personal property. But if you have surviving parents and siblings, the surviving spouse would only be entitled to one-half of the separate real property with the other half passing to the parents, siblings or descendants of siblings in a manner set forth by the statutes.https://texaswillsandtrustslaw.com/2010/10/18/dying-without-a-will-the-texas-intestacy-statutes/
Is a separated spouse entitled to proceeds resulting from the sale of real estate by the other spouse in WV?
It depends upon who owns the property. If both names are on the title then each is legally entitled to 50% of the net proceeds. If the property is in the name of the "other spouse" alone then they have no legal obligation to share the proceeds. Of course, that might change if the couple was in the process of a divorce and the divorce had been filed.
Who is entitled to a property where the partner has not been living with the deceased for over 17 years is the next of kin entitled to anything?
If the partners were married the spouse is entitled to a share of the property by law. You can check the laws of intestacy in your state at the related question below. Children or other relatives of the deceased may also be entitled to a share.
Because of bad credit your name was not added to the mortgage title in California What would your interest be if your spouse should die?
Because of California being a community property state, the non-titled spouse would still be entitled to one-half of the property. The other half could be willed to the surviving spouse.
If you are Married Filing Separately can you each deduct half of the property tax?
Maybe. If each of you paid one-half of the property tax, then each may deduct one-half. A deduction may be taken only by the person who was required to pay it and who actually paid it. If only one spouse paid the property tax, that spouse may deduct it. If one spouse itemizes deductions, the other spouse must also itemize, even if the first spouse is entitled to all of the deductions; i.e., the other spouse has few or no deductions.
In North Carolina is a spouse entitled to a portion of the other spouse's inheritance?
In general, no. First, North Carolina is not a community property state. Second, in general, inheritance remains separate property, even in community property states, unless the inheriting spouse commingles the assets (mixes the inheritance in with community assets; for example, deposits the money into a joint checking account).
Are married spouses entitled to share of property acquired by inheritance by one of the spouses?
In most jurisdictions in the United States, except Louisiana, a surviving spouse has the legal right to inherit even if the will says otherwise. A person cannot disinherit their spouse. The state laws will distribute some or all of the estate to the surviving spouse under the doctrine of election.
Is the spouse entitled to an inheritance the other spouse receives in New York?
Not directly. The spouse that receives the inheritance can determine what is done with that inheritance. There is no automatic right for the other spouse to receive any of it.
What is a spouse entitled to if other spouse wants divorce?
That depends on the laws in your jurisdiction. Courts will generally try to divide marital property in a fair manner but they also take other factors into consideration such as the ability of the parties to acquire future assets, income levels, education levels, children, etc. Generally, sole property is retained by the owner.
Can a wedding gift be ask back after 7 years of marriage during a divorce?
No. I am assuming that you are asking about a gift given to you by your spouse. In community property states, items are split up upon a divorce with each side getting half. Gifts between one spouse and another are an exception to this and you are entitled to keep the gift.Gifts can be property that was given to one spouse by the other, or property given to a spouse from anyone else. It will only be considered a gift, however, if it is clear from the actions of the person giving the property that they intended to give a gift to that particular person. If it is a gift, it will be separate property.
Texas is a community property state. Your husband named his sons as beneficiaries on his life insurance policy. Is the surviving spouse entitled to any portion of the proceeds?
Life insurance is a complex issue in community property states. Even if your husband has named beneficiaries, you may be entitled to an interest in the proceeds. See the link provided below for a very informative publication that you can read in its entirety. There is a section regarding beneficiaries other than the spouse.
