What happens to the property if a spouse goes to jail/prison? 7 Answers as of March 28, 2016

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Ronald K. Nims LLC | Ronald K. Nims
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.
Answer Applies to: Ohio
Replied: 3/28/2016
S. Joseph Schramm | Joseph Schramm
Generally, the title to the property, whether real or personal, remains unchanged. However, in some cases, such as R.I.C.O. violations, the property might be seized and sold by the government. It depends on the type of violation involved.
Answer Applies to: Pennsylvania
Replied: 3/25/2016
Ashcraft & Ashcraft, Ltd.
Ashcraft & Ashcraft, Ltd. | Randall C. Romei
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.
Answer Applies to: Illinois
Replied: 3/23/2016
Sebby Law Office
Sebby Law Office | Jayne Sebby
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.
Answer Applies to: Nebraska
Replied: 3/23/2016
Law Offices of George H. Shers | George H. Shers
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.
Answer Applies to: California
Replied: 3/23/2016
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    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.
    Answer Applies to: Nevada
    Replied: 3/23/2016
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    The property will person who is incarcerated remains their property and subject to their creditors.
    Answer Applies to: Michigan
    Replied: 3/23/2016
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