Can a spouse will community property?

Can a spouse will community property?

Community Property Laws At the death of one spouse, his or her half of the community property goes to the surviving spouse unless there is a valid will that directs otherwise. Married people can still own separate property. For example, property inherited by just one spouse belongs to that spouse alone.

What is considered community property in a divorce?

Possessions, real estate, and profits that spouses (husband and wife) acquire during marriage, excluding gifts and inheritances, are considered community property. In the event of divorce, community property is divided equally between spouses.

Can I add my spouse to my mortgage without refinancing?

Adding a co-borrower to a mortgage loan isn’t as simple as calling your mortgage company and making a request, and you can’t add a co-borrower without refinancing the mortgage. With a refinance, you can add someone’s name to the mortgage, as well as take someone’s name off the mortgage.

Can your name be on a house title but not the mortgage?

A person’s name can be on the deed but not the mortgage. In such circumstances, the person is an owner of the property but is not financially liable for mortgage payments.

Can I refinance my house in my name only?

There is only one way to have your spouse’s name removed from the mortgage: You will have to apply for a loan to refinance the mortgage, in your name only. In other words, the mortgage lender can still come after your spouse for repayment unless and until you refinance in your own name alone.

Should I refinance my house before getting a divorce?

The benefit to refinancing before the divorce is finalized is that you both have skin in the game and it benefits both of you to settle the issue. After the divorce (especially in a nasty one) trying to get some cooperation from your ex on these issues can be harder to do.

Does a quitclaim deed remove me from the mortgage?

A quitclaim deed can quickly remove you from a property’s title and terminate your ownership interests. A quitclaim does not however, remove you from the mortgage or the responsibility to make payments.

Is a quit claim deed legally binding?

Quitclaim deeds (sometimes erroneously called “quit claim deeds” or “quick claim deeds”) are legally binding documents that do not require a lawyer’s time to fill out and file.