QUESTION
What happens to the property if a spouse goes to jail/prison?
Asked on Mar 21st, 2016 on Estate Planning - Nevada
6 ANSWERS
Commercial & Bankruptcy Law Attorney serving Powell, OH
at
Ronald K. Nims
Update Your Profile
Being incarcerated doesn't change your rights as an owner (we've learned a bit since the Spanish Inquisition murdered tens of thousands of innocents because the priests coveted their houses and land). Of course, it can be cumbersome to collect rent, etc. while you're in jail but that's what realtors are for.
Answered on Mar 28th, 2016 at 4:55 AM
Commercial Attorney serving Chicago, IL
at
Ashcraft & Ashcraft, Ltd.
Update Your Profile
A prison sentence does not change the ownership of property. The spouse would continue to have an interest in the property. The spouse would continue to have to execute any document transferring an interest in the property.
Answered on Mar 23rd, 2016 at 9:20 PM
In most situations, the remaining spouse would be able to continue to live in the house as long as he or she could pay the mortgage, insurance, utilities, etc.. However, if the jailed spouse owes a large fine or has to make restitution, the property may need to be sold in order to pay those debts.
Answered on Mar 23rd, 2016 at 2:42 PM
If you are speaking about real estate [a home], nothing happens. If the mortgage payments are not made the lender may eventually foreclose and utilities will be shut off after a certain period of non-payment.
Answered on Mar 23rd, 2016 at 2:00 PM
3 Awards
The person in prison still owns their property unless It is subject to forfeiture for victim assistance, etc. Speak to an attorney and provide specifics. This is opinion is solely based upon the facts presented in the inquiry. Additional facts may be important and may change the analysis. If you are uncertain, seek legal counsel. We are not your attorneys. This answer is being offered to assist you in determining if you need to retain legal counsel to assist you, not to resolve your issue through an email inquiry.
Answered on Mar 23rd, 2016 at 1:56 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
The property will person who is incarcerated remains their property and subject to their creditors.
Answered on Mar 23rd, 2016 at 1:56 PM