The house becomes the sole property of the surviving spouse, without going to probate.
2006-07-13 13:03:42
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answer #1
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answered by cyclist 3
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Before you assume that the surviving spouse gets the house, and despite every answer given above, you must look carefully at the deed for the property. If the deed says that the owners are A and B, husband and wife, or A and B as joint tenants with the right of survivorship, then the surviving spouse gets the house.
But if the deed says that the owners are A and B as tenants in common, then the ownership share of the person who has died goes into their estate and it is transferred to their heirs.
Most of the time the ownership is as husband and wife, or as joint tenants, so that the surviving spouse gets full ownership. But occasionally a married couple will take title as tenants in common. So you need to look at the deed to make sure.
2006-07-13 13:50:17
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answer #2
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answered by Anonymous
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It would depend on the will left by the deceased. If he willed all this property to his spouse(which is the usual), then the house would be owned solely by the surviving spouse.
2006-07-13 13:05:53
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answer #3
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answered by karen wonderful 6
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You should have enough insurance to cover it all. If not make sure you get in. You can go through life insurance for that amount so if, when spouse passes you can use that to pay off the house.
2006-07-13 13:05:56
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answer #4
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answered by Anonymous
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the surviving spouse gets the house including all of its attached obligations
if the house is mortgaged and it is insured, part of the mortgage pertaining to the deceased spouse will be paid by the insurance and the remaining mortgage balance will be shouldered by the surviving spouse
however, if there is no insurance (i guess this is remote considering that the market trend for mortgages is to insure the borrowers also), then you shoulder the full liability because it is considered as "joint and solidary liability"
2006-07-13 13:12:05
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answer #5
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answered by sheikaella 4
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It goes to the living spouse. If the dead spouse has children out side of your marriage they may be entitled to part of it depending on your state law.
2006-07-13 13:04:24
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answer #6
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answered by David 3
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The surviving spouse retains ownership. If the survivor wishes to sell then he/she has to present a death certificate at closing.
2006-07-13 13:06:50
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answer #7
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answered by Anonymous
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The spouse that lives gets it. Mortgage and all.
2006-07-13 13:03:00
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answer #8
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answered by parshooter 5
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It still belongs to the other spouse.
2006-07-13 13:12:17
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answer #9
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answered by Anonymous
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The living spouse gets it......
2006-07-13 13:03:08
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answer #10
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answered by Happy_Wheatland 4
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