Another way is that somebody bought a home and put a mortgage on the property as a single person, then gets married and files a deed adding the spouse to the property.
If a spouse is not in title, then sometimes the lender will require that the spouse at least be named on the mortgage since she has a martial interest in the property
She is entitled to a life estate in the residence, regardless of how the property is titled.
Title 58 § 311 . Homestead - Property to be Delivered to Family
Upon the death of either husband or wife, the survivor may continue to possess and occupy the whole homestead, which shall not in any event be subject to administration proceedings, except as in this title provided, until it is otherwise disposed of according to law; and upon the death of both husband and wife the children may continue to possess and occupy the whole homestead until the youngest child becomes of age. The title to the land set apart for the homestead property shall p****, subject to the right of homestead, the same as other property of the decedent and shall be included in the decree of distribution. And in addition thereto, the following property must be immediately delivered by the executor or administrator to such surviving wife or husband, and child or children, and is not to be deemed ****ets, namely:
1. All family pictures.
2. A pew or other sitting in any house of worship.
3. A lot or lots in any burial ground.
4. The family Bible and all school books used by the family, and all other books used as part of the family library, not exceeding in value of One Hundred Dollars ($100.00).
5. All wearing apparel and clothing of the decedent and his family.
6. The provisions for the family necessary for one (1) year's supply, either provided or growing, or both; and fuel necessary for one (1) year.
7. All household and kitchen furniture, including stoves, beds, bedsteads and bedding.
No such property shall be liable for any prior debts or claims whatever.
that means until the estate is settled in court.....it doesn't mean the rest of the survivor's life....
if the deceased has a will....and the homestead is bequeathed to the deceased's mother.......the surviving spouse is NOT entitled to a life estate to the residence...
PM me if you need the name of an attorney that handles probate matters in Cleveland County. Yes, is right in that Judge Bonner handles probate matters in Cleveland County. However, you will not be able to talk directly to Judge Bonner. If the case needs to be probated she will most likely need an attorney as Judge Bonner will expect her to know exactly what to do and will not give her any guidance. Second thought I will just PM you the name of an attorney friend of mine to contact for questions.
The Oklahoma Supreme Court would beg to differ:
Upon the death of a spouse, the surviving spouse and/or minor children are given by Okla. Stat. art. 58, § 311 (1971), the right to continue to possess and occupy the whole homestead. The "whole homestead" is that property of the family, which was impressed with constitutional homestead character at the time of the death. The survivor's right to continued possession and occupation of the property regardless of where title is lodged, is a personal and individual right. It is a special right to continue to possess and occupy the homestead during the lifetime of the survivor. It is not an interest in the testator's property, it is not subject to testamentary disposition, and it is distinct from the interest a surviving spouse takes in the land by inheritance or devise. It is an interest distinct from title and does not affect title to the property. Once the probate homestead attaches, the right of the survivor to occupy the homestead is superior to the rights of coheirs to their property interest, and their interest is suspended until the probate homestead is terminated. That termination may occur in one of several ways. Being a personal and individual right, it may be waived, forfeited or abandoned, or lost by death if there are no minor children.
A couple of items I saw: Having a will doesn't prevent probate. Putting property into trust does. Oklahoma law DOES recognize holistic (read: handwritten/homemade) wills. And they're a GREAT way to leave your heirs a lawsuit! Estates over $50K and not in trust must be probated. Generally, the ESTATE pays the deceased's debts, not the personal representative. It's an important distinction, or at least it can be.
so who has to pay the mortgage? who pays the property taxes? the "owner"?
"congratulations.....you just inherited a $350k house.....but you can't live in it.....you can't rent it....you can't sell it.......you must make the mortgage payments.....oh and your tax bill is $3500/year....".....
My legal advice would be to get an atty in the county that knows probate law