- The property is used as the family’s principal residence. Many states recognize the concept of homestead rights. In these place, a family’s homestead, their primary residence, may only be encumbered, or sold, with consent of both spouses.
- The property was purchased during the marriage. In community property states, a spouse automatically gains an undivided 1/2 interest in any property purchased during the marriage – even if they aren’t on the deed. There are some exceptions to to community property laws – Property purchased before the date of marriage and real estate acquired as an inheritance gift.
- The property owner dies without a will. Although many states have abolished this, a few states such as Ohio and Arkansas continue to recognize dower and curtesy rights. In these states, if the property owner dies without a will, their non-titled spouse will inherit an interest in the property for the rest of their life.
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