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Although it is not a crime, temporary orders would have to be in place to determine exclusive rights to a home owned during marriage (even if it was purchased prior to marriage). If you attempt to kick your spouse out, he/she might be able to obtain an injunction, or potentially other relief.

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14y ago

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In Texas can a spouse whose name is on the deed and mortgage sell their house without the other spouse consent?

If both names are on the deed, then both signatures are required. If the spouse has signed a quit claim deed to the home, then the other does not need consent.


When two people buy a house do both of them get tax benefits?

Whomever claims the other spouse would claim the house.


If you own a house with your spouse and are in the process of getting divorced and the house sold before the divorce do you still split the proceeds?

If both of you signed the deed to the house you are entitled to half. However if your spouse owned the house before you were married it belongs to him.


Does a surviving spouse in Texas have to get surviving children to sign before he sells his home?

That depends on how you and your spouse held title to your property and whether the surviving children are the children of both the decedent and the surviving spouse. You should consult with an attorney.


In Ohio if your spouse dies and you both own the house what does the survivng spouse have to do to keep the house?

Usually the mortage is set up as a survivors deed. This means that if one person dies, the spouce receives the deed in their own name. If this is not the case and the house wasn't willed to the other spouse, then it will have to be taken up in Probate Court.


As of 2005 the republican party controlled which in Texas?

Both the House and the Senate


If your spouse dies without a will and the home is in both names but he has children Can they take part of the home?

if my spouse dies can his adult children take my home the house is owned by bothe of us


Can a spouse in Texas have his or hers wages garnished by the IRS for a tax lien that the spouse incured before the marriage?

Yes. Texas is a community property state, and all income earned by both spouses is property of the community. Because of this, technically your wages are also his wages and the IRS can go after them.


In Texas can collection agency legally pursue a wife for payment arrangements if she is not on the account?

Yes, in most instances a spouse can be held accountable. Texas is a community property state, both spouses are considered to be equal owners of assets and equally responsible for debts regardless of which spouse incurred that debt.


After a divorce in Texas are you liable for credit card debt in your spouse's name incurred while married?

Maybe. Texas is a community property state,it is generally accepted that debts incurred during marriage belong to both parties. However, Texas law gives a judge power to decide which contractual agreements are considered joint and which are the sole obligation of one spouse.


If a spouse dies in Texas and has no will what happens to the house when there is a surviving spouse and kids involved?

Texas is a community property state, therefore home ownership will automatically revert to the surviving spouse, and will not be included in probate procedures. Of course all the terms of a mortgage and/or home equity agreement will need to be adhered to, to prevent foreclosure or other legal difficulties. How very sad. Dying without a will is very common, both Abraham Lincoln and Howard Hughes died without making a will. check out this website which has a lot of very useful information, and the law you are looking for. http://www.professorbeyer.com/Articles/Intestacy_Texas_Basics.htm


If your house is in forecloure can your spouse buy another house while you file bankruptcy There was a quick claim done to get spouse name off of the title?

If two people owned property, executed a mortgage, and the mortgage is in default, the foreclosure will be filed in both names. It was both mortgagors who defaulted and both will be parties to the foreclosure. If one executes a quitclaim deed to the other that will not stop their being mentioned in the foreclosure.