One way the wife can protect family assets is by ensuring that assets are held in her name only or in a trust that she controls. It may also be advisable for the husband to transfer assets to the wife before any legal action is taken, while keeping in mind the legality and implications of such transfers. Seeking legal advice is crucial to determine the best course of action based on the specific circumstances of the lawsuit.
You must check with an attorney in your state to determine if a husband's signature is required. There are different rules in different jurisdictions.
In some cases, you can sell property without a survey, but it is generally recommended to have one done before listing the property. A survey can help verify property boundaries, locate easements or encroachments, and identify any issues that may affect the sale. Buyers may also request a survey as part of their due diligence.
You need to do an online search for the county and state + property records for the land records office that has jurisdiction over the particular property. Some offices have online databases and you can search out any recorded survey for the subject property. Some allow you to print documents for free and some charge for copies. A problem may arise if the survey is a large size and you can only print on a 8.5 X 11 sheet. It may be unreadable.
You may have better luck visiting the land records office, finding the plan with the help of the staff (if there is a recorded survey) and having a full size copy made for a minimal cost.
An ILA land survey, also known as an Improvement Location Certificate, is a type of survey that shows where improvements like buildings, fences, and driveways are located on a property. It typically does not show boundary lines or property corners. It is often used for real estate transactions to verify the location of improvements in relation to property boundaries.
A record of survey map is a legal document prepared by a licensed surveyor that shows the results of a land survey. It details the boundaries, dimensions, and other physical features of a property. This map is commonly used to verify property boundaries and to ensure compliance with local land-use regulations.
Boundary by acquiescence may apply if the new property owner demonstrates their intention to accept the boundary set by the previous adjoining property owners over a period of time. However, if the new owner disputes the boundary, they may need to provide evidence that contradicts the establishment of the common boundaries, such as inconsistencies in the surveys or lack of clear agreements between the parties. Ultimately, each case will depend on the specific circumstances and evidence presented.
If the surveyor refuses to remeasure and correct the survey, you may need to consult with a real estate attorney to explore your legal options. This could include negotiating with the surveyor, taking legal action for negligence, or seeking compensation for any resulting issues. It's important to act promptly to address the situation and protect your property rights.
In Colorado, the spouse who received the property through a quitclaim deed can generally sell the property without the other spouse's permission if they hold the title solely in their name. However, it's important to review the specific circumstances of the quitclaim deed and consult with a legal professional to fully understand the rights and obligations related to the property.
Yes, property held in a Revocable Living Trust can qualify for the Florida homestead exemption as long as the requirements for the homestead exemption are met, such as using the property as a primary residence and meeting other criteria set by Florida law.
If your husband's deceased former partner's name is still on the deed, it may complicate ownership of the property. It's important to review the legal status of the property, consult with a real estate attorney, and proceed according to the laws and guidelines in your jurisdiction to ensure proper ownership rights.
Title abstractors research historical documents to trace the ownership of a property back to its origin. They provide a summary of the property's legal history, including any liens, encumbrances, or restrictions that may affect its ownership. This information is crucial for real estate transactions to ensure a clear title transfer.
If multiple parties have broken a covenant in a subdivision and it is not being enforced, the covenant may still technically be binding. However, the lack of enforcement could weaken its validity or practical application. It would be advisable to consult a legal professional to determine the ramifications of the broken covenant.
If the middle name was incorrect on the transfer of property but has since been corrected through probate, there should not be an issue now that the property is in your name. As long as the correction is reflected in the legal documents transferring ownership, your ownership should be valid. It's always a good idea to keep copies of all relevant documents for reference.
Yes, you can auction your own home if you meet the legal requirements in your area and work with a licensed auctioneer. Auctioning your home can be a way to potentially sell it quickly and set a specific timeline for the sale process.
The cost of obtaining a lien depends largely on the type of propery, the type of debt, whether you obtained a security agreement and whether the law grants you any special status to file a lien without going to court like a mechanic's lien. If you are a secured lender, you already have a lien. If you have special status like a contractor, you may be able to record a lien for a small fee or assert a lien by keeping property already in your possession. If you are unsecured, you may need to file a lawsuit and get a judgment lien after you win the case. The actual cost could range from a few dollars to hundreds or thousands of dollars if you have to sue in court first.
There is no stigma for modular homes that I know of,but a lot of people are miss informed about modular construction. Most people are confusing mobile homes with modular homes and there is a stigma about mobile homes and mobile home parks. Another confusing part is the term that is used to describe mobile homes. The term "Manufactured Housing" has been adapted by the mobile home industry to alleviate the stigma of mobile homes. Of course uninformed people bundle modular homes in this mix since modular homes are constructed in a manufacturing facility and are transported, but that is where the similarity if any ends.
Yes, it is possible for a child to be named as the trustee of an irrevocable trust, although it may not be recommended in all situations. The suitability of naming a child as trustee depends on various factors such as their age, level of responsibility, and ability to handle financial matters effectively. It is advisable to seek guidance from an attorney or financial advisor when deciding on the trustee for an irrevocable trust.
Yes, you can record a certified copy of a deed from a different state and county in a new state and county. However, the rules and procedures for recording may vary between jurisdictions, so it is important to familiarize yourself with the specific requirements and fees of the new state and county where you intend to record the deed.
Some beach property owners might oppose the building of jetties because they can alter natural coastal processes and disrupt the natural movement of sand along the beach. This can lead to accelerated erosion in some areas and increased deposition in others, potentially affecting the overall health and stability of the beach. Additionally, jetties can alter wave patterns and currents, which can impact the recreational value and aesthetic appeal of the beach.
If a person receiving SSI (Supplemental Security Income) is deeded a property and occupies it, this may potentially affect their SSI benefits. SSI has strict rules regarding countable assets, and the value of the property may be considered an asset that affects their eligibility and benefit amount. It is best to consult with a knowledgeable professional or the Social Security Administration for specific advice based on individual circumstances.
No, the right of survivorship typically applies to property held in joint tenancy or tenancy by the entirety, and it allows the interest of a deceased co-owner to automatically pass to the surviving co-owner(s). Without a will, the deceased co-owner's interest would generally be subject to the laws of intestate succession, which determine how the property will be distributed among the heirs.
Typically, the person who has ownership of the property is responsible for paying the taxes. In this case, if the property was given to someone and the previous owner has a life use, the new owner would generally be responsible for paying the taxes on the property. However, it is always recommended to consult with a legal professional or tax advisor for specific situations and jurisdictions.