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What are my rights if my name is not on a deed, but we’re married?
In this article, you’ll learn about:
Let’s dig in.
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Let’s say your name is not on the deed, but you’re married.
Your rights to the property will depend on several factors, such as:
There are two main property ownership systems that can affect your rights.
They are community property and common law property:
First, let’s look at laws for community property states.
Assets acquired during the marriage are jointly owned by both spouses.
(Regardless of whose name is on the deed.)
Even if your name is not on the deed, you still have a claim to the property.
But only if it was acquired during your marriage.
Community property laws are in effect in several states, including:
Now, let’s look at common law states.
Only the person whose name is on the deed is the owner of the property.
(Unless there is a legally enforceable agreement stating otherwise.)
Let’s say your name is not on the deed in a common law property jurisdiction.
You may not have a legal claim to the property.
That is, unless you can prove that you have an ownership interest.
Ways that you can prove ownership interests are:
Read More: Can Someone Sell A House If Your Name Is On The Deed?
Whether your wife is entitled to half of your house if it’s in your name depends on things like:
There are two scenarios that determine if your wife is entitled to half your house:
Read More: Am I Entitled To My Husband’s Property If He Dies And My Name Isn’t On The Deed?
Here are some scenarios where you might have property rights even if your name is not on the deed, but you are married:
You might not have property rights if your name is not on the deed even though you are married.
The following scenarios are examples.
But keep in mind that laws and regulations vary by jurisdiction:
Several factors can influence the rights to property.
These are some of the most common things that can affect property rights:
If you need to get added to a deed, fill out the form on this page.
We can add a spouse to a deed so that you both have equal property rights.
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This website is for informational purposes only. It is not legal advice. Consult an attorney if you are seeking legal advice.