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If husband and wife own the house as joint tenants with right of survivorship then under CA law does having the mortgage only under husband impact ownership of the property in the case of death?
Wiki User
∙ 14y ago
You should consult with an attorney who specializes in real estate law in your area. In some states, a mortgage by one joint owner will sever the joint tenancy and the bank will own a half interest if the husband dies and the mortgage isn't paid off. In other states the bank would be out of luck if the mortgagor died before the mortgage was paid. You need to consult with an attorney who can explain the law in California.
Wiki User
∙ 14y ago
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Do you have to go through probate if your wife is on the deed but not the loan and the husband dies?
If the deed is a survivorship deed then the property will automatically be the sole property of the wife and bypass probate. However, it will be subject to the mortgage unless you buy some type of mortgage insurance.If the deed is a survivorship deed then the property will automatically be the sole property of the wife and bypass probate. However, it will be subject to the mortgage unless you buy some type of mortgage insurance.If the deed is a survivorship deed then the property will automatically be the sole property of the wife and bypass probate. However, it will be subject to the mortgage unless you buy some type of mortgage insurance.If the deed is a survivorship deed then the property will automatically be the sole property of the wife and bypass probate. However, it will be subject to the mortgage unless you buy some type of mortgage insurance.
If your husband executes the home mortgage in his name then executes a deed to himself and his wife what are the wife's rights and interests in the property?
The wife is now a co-owner of the property. It cannot be sold or mortgaged again without her signature. Hopefully, the deed from the husband conveyed the property to him and his wife as tenants by the entirety or as joint tenants with the right of survivorship. In that case if the husband should die then she would automatically become the sole owner of the property. However, the property would be subject to the mortgage until it is paid off. You should review the mortgage document to see if the bank must be notified of any change in ownership.
What happens if a couple divorce and husband's name is not on mortgage documents or deeds?
If the property was purchased in a community property state during the marriage and the husband did not waive his rights, he may have ownership rights to the property. If not, then he may not have an ownership interest in the home. Either way, he does NOT have financial responsibility for the mortgage debt unless otherwise ordered by a court. It is possible for someone to have ownership rights to a home and no legal liability for its financial encumbrances.
When a mortgage is in husband's name only but wife and husband have joint tenancy with survivorship warranty deed in Georgia then husband dies without will does wife owe mortgage?
You haven't provided important details such as what came first- the mortgage or the survivorship deed. You should consult with an attorney to determine your obligations and options regarding the mortgage.
How is a wife listed along with her husband as having joint ownership of a property?
A married couple should own real property as tenants by the entirety if that tenancy is available in their state or as joint tenants with the right of survivorship if TBE is not an option.
Does widowed spouse inherit as right of survivorship or joint tenant in VA?
If she and her husband were both on the deed, it will be survivorship. If not, she will have a claim on the property.
What are the tax implications in case of death between property held as 'joint tenants and property held as Husband and wife as community property with rights of survivor-ship'?
The full ownership of the property automatically passes to the survivor. There are no tax implications.Think of it this way: if two people own property in a survivorship tenancy and one dies the decedent's interest in the property disappears and the property is the sole property of the survivor.The full ownership of the property automatically passes to the survivor. There are no tax implications.Think of it this way: if two people own property in a survivorship tenancy and one dies the decedent's interest in the property disappears and the property is the sole property of the survivor.The full ownership of the property automatically passes to the survivor. There are no tax implications.Think of it this way: if two people own property in a survivorship tenancy and one dies the decedent's interest in the property disappears and the property is the sole property of the survivor.The full ownership of the property automatically passes to the survivor. There are no tax implications.Think of it this way: if two people own property in a survivorship tenancy and one dies the decedent's interest in the property disappears and the property is the sole property of the survivor.
You own a mortgage on a property and as a mother you want your daughter to possess it after your death but you have a husband whose name is not onthe deeds can you add your daughters name onthe deeds?
You can have an attorney draft a deed that will convey your property to yourself and your daughter as joint tenants with the right of survivorship. If you died the full ownership of the property would automatically pass to her with no need of probate. She would be responsible for paying any mortgage on the property. If you live in a community property state that may not be so easy. You should consult with an attorney who can review your situation and explain your options under your state laws. You should do this ASAP.
When husband dies without a will and his name only is on mortgage although couple has Joint Tenancy with Rights of Survivorship how should wife proceed regarding mortgage?
She should pay the loan, if that's what you're asking, or re-finance in her own name. Otherwise, the lender will foreclose and take the house, regardless of who happens to own it. Just because you give away your ownership of a property with a secured interest, it doesn't effect the right of the lender to repossess the property or its value.
Can you legally move your boyfriend into your house if your exhusbands name is still on the deed and mortgage?
That is something you need to discuss with an attorney since your ex-husband has an equal ownership right in the property.That is something you need to discuss with an attorney since your ex-husband has an equal ownership right in the property.That is something you need to discuss with an attorney since your ex-husband has an equal ownership right in the property.That is something you need to discuss with an attorney since your ex-husband has an equal ownership right in the property.
How should the grantee be written for a warranty deed if you have a husband and wife?
example: john smith and Mary smith, husband and wife, as joint tenants with rights of survivorship who reside at ...AnswerIn some jurisdictions a tenancy by the entirety provides married people with the ultimate protection. It is a form of ownership reserved for married people. The property cannot be partitioned or siezed by the creditor of one person. It is the strongest form of survivorship. Neither can sever the survivorship rights of the other. It would be expressed as . . . to Kendra and Timothy O'Connor, husband and wife, as Tenants by the Entirety . . . .
Can your husband do estate planning without your signature?
Generally, he can do his own estate plan without your consent. He can create a plan for the distribution of his own estate but he cannot include your interest in any property nor can he add to the plan any property in your sole ownership. He cannot cut off any survivorship rights you have in jointly owned property.Generally, he can do his own estate plan without your consent. He can create a plan for the distribution of his own estate but he cannot include your interest in any property nor can he add to the plan any property in your sole ownership. He cannot cut off any survivorship rights you have in jointly owned property.Generally, he can do his own estate plan without your consent. He can create a plan for the distribution of his own estate but he cannot include your interest in any property nor can he add to the plan any property in your sole ownership. He cannot cut off any survivorship rights you have in jointly owned property.Generally, he can do his own estate plan without your consent. He can create a plan for the distribution of his own estate but he cannot include your interest in any property nor can he add to the plan any property in your sole ownership. He cannot cut off any survivorship rights you have in jointly owned property.
