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In Pa if the property was acquired prior to marriage by the person that passes away what happens to the property?
It becomes a part of their estate. It will be valued and the executor will have to either sell it to pay debts or transfer title to the beneficiaries. In most cases it will …have to be sold to pay any debts that exist.
A tenant is "evicted" when the court issues a judgment for possession to the landlord. That judgment gives the tenant a date by which the move has to be made. If the tenant ho…lds over in possession of the apartment despite the judgment of possession, the landlord gets a "warrant for removal", which is sent to a court constable. If the tenant has not vacated the premises, the warrant for removal permits the court officer to physically remove the tenant's belongings out of the apartment and leave them at the curb. It is extremely rare that such a thing ever happens though, because in virtually every eviction matter, the tenant moves out before the physical eviction has to take place.
Is property after a marriage considered community property in a non community property state such as Illinois?
If the state is a NON-Community Property state there is no such thing as "community property" either before or after the marriage.
Inherited Property Received During Marriage is Considered Separate, not Community Property In Most Community Property States, inherited property acquired after Marriage is not… considered a Community Asset. Inherited Property is Separate Property of the Spouse receiving the Inheritance. If Inherited money has been used as a Down payment on a House taken in joint names; or to Purchase another asset or even mixed with Community Funds in a Bank Account, it is possible to have that Separate Property Reimbursed at Divorce, provided it can be "traced." In other words, provided the owner of the Separate Property Inheritance can prove that the funds came from their inherited money.
Is property acquired before marriage in a community property state considered to be community property?
Property acquired prior to marriage is separate property and remains separate unless the spouse is granted on title and contributes to the mortgage payments from commun…ity funds, then they acquire an interest in that separate property in proportion to their contributions. Paying insurance taxes, utilities is not considered a basis to make the property community.
Pennsylvania is not a community property state. It's an equitable distribution state. Under the law, all property acquired during marriage, regardless of whose name it i…s in, is part of the marital estate and is subject to equitable distribution upon divorce. The court looks at several factors to determine a fair and equitable division of assets.
Can a wife sell things that was personal property of husband before the marriage if he abandoned the marriage in Wisconsin?
Answer You can only sell the property if he abandoned the property. And you may be required to send written notification to his last known address. … But if he's simply left his things at your residence and doesn't seem to want them, you can considered them abandoned and sell them. Check with your local clerk of the court at the courthouse. * Wisconsin is a community property state therefore it would need to be determined exactly what constitutes personal property and that is an issue for the court. If a divorce is pending or either party is preparing to file a petition then no property of any sort should be sold, transferred, given away or otherwise until a property settlement is made.
Answer Play a radio where your chickens roost or in the chicken yard. It might help. Also flashing lights along with the radio are an added bonus. You can buy a pl…astic owl, as owls are territorial, this is supposed to deter other owls, though playing a recording of a much larger type of owl hooting can work too. NF
Value Charge Sentence More than $5,000 3rd degree Felony Up to 7 years in prison $1,000-$5,000 2nd Degree M…isdemeanor Up to 2 years in prison More than $500 3rd Degree Misdemeanor Up to 1 year in prison If the property was valued at less than $500, the charge is a summary offense and will bring a maximum potential sentence of 90 days in jail.
If they have the consent of the court, they can. But they have to present a full inventory and valuation first. Then they can show the distribution plan amongst the debtors …and heirs.
When you file bankruptcy, you are required to fill out quite a few bankruptcy papers. Among these are Schedule C, which is a form where you list the property you are cla…iming should be exempt (meaning you get to keep it). Both federal and state laws provide exemptions for certain property that a debtor is allowed to claim as exempt. What property is eligible for exemption status varies from state-to-state; however, some states allow you to choose whether to use the federal exemptions or your state's exemptions. If federal exemptions allow you to keep more property than your state's exemptions, then you should opt for federal, provided your state allows it (not all states allow you to choose between federal and state exemptions). The following states DO ALLOW you to use the federal bankruptcy exemptions if you want: Arkansas, Connecticut, Washington, D.C., Hawaii, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, Pennsylvania, Rhode Island, South Carolina, Texas, Vermont, Washington, and Wisconsin. The following states DO NOT ALLOW you to use the federal bankruptcy exemptions: Alaska, Arizona, California, Colorado, Delaware, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, South Dakota, Tennessee, Utah, Virginia, West Virginia, and Wyoming. If you do not use the federal exemptions (either by choice or requirement), you are also allowed to use the federal non-bankruptcy exemptions. What property is exempt under federal law? Remember that only 15 states and Washington, D.C. allow you to use the federal bankruptcy exemptions (see above). These exemptions can be doubled if you are filing bankruptcy jointly with your spouse -- Personal and Real Property:(1) Household: Up to $425.00 per item not to exceed a total of $8,625.00 (includes animals, appliances, books, crops, furnishings, household goods, clothing, musical instruments)(2) Jewelry: Up to $1,075.00(3) Vehicles: Up to $2,575.00(4) Work tools (implements, books and tools of trade): Up to $1,625.00(5) Health aides (wheelchair, etc.): Unlimited(6) Burial plot: Up to $16,500.00 (in lieu of real estate exemption)(7) Real estate (house, co-op or mobile home): Up to $16,150.00(8) Any property: Up to $8,075.00 of unused portion of real estate exemption Wages, Pensions, Recoveries and Benefits:(1) Wages: None(2) Wrongful death funds: Amount needed for support(3) Personal injury funds: Up to $16,500.00 (excluding that for pain and suffering or pecuniary loss)(4) Lost earnings payments: Unlimited amount(5) Retirement benefits: Amount needed for support(6) Alimony / child support: Amount needed for support(7) Unemployment compensation: Unlimited amount(8) Veterans benefits: Unlimited amount(9) Social security benefits: Unlimited amount(10) Public assistance: Unlimited amount(11) Crime victims compensation: Unlimited amount Insurance:(1) Disability: Unlimited amount(2) Unemployment benefits: Unlimited amount(3) Unmatured life insurance: Unlimited amount(4) Life insurance policy loan value, dividends or interest: Up to $8,625(5) Life insurance proceeds: Amount needed for support What property is exempt under state laws? In general, most states allow you to keep much of your personal property, particularly that which has little or no value. You can even keep collateralized property in certain circumstances (of course, you have to reaffirm the debt). Personal property includes tools that you use to earn a living (although there are limits on this); your clothing; and all of your household goods. As to your income, usually about 75% of your wages, and all of your unemployment and welfare benefits, worker's compensation, pensions, and insurance benefits are exempt. Most states allow you to double the amount of the exemption if you're married, but not all states, so make sure your state allows this before doing any calculations.
What rights do the children of a deceased parent have when it comes to property if the parent did not have a will and was remarried but was sole owner of real estate prior to marriage?
Answer State probate laws determine intestate succession. It would be in the best interest of surviving family members to obtain legal advice or… representation to protect any claims they may have in connection with the deceased's estate. Answer Most states have a vested interest in protecting minors. As such, most of the intestate succession laws for this sort of situation have a very specific rule. If the parent has remarried, the property will be divided in half. One half will go to the new wife and the other half will be divided between the children of the previous marriage(s).
You have asked an interesting and complex question. The status of title to railroad land varies from state to state. There is no universal answer due to the various ways by wh…ich developing railroads first acquired title. Those can include the following: . congressional grant in federal or state public lands . taking of fee interest by eminent domain . taking of easement by eminent domain . fee deed from fee owner . easement deed from fee owner Whether or not the land can be claimed by adverse possession depends on other factors that include the following: . If the land was taken or conveyed specifically for the purposes of maintaining a railway system the land may revert to the original abutters when it is no longer used for railroad purpose. . If the land was acquired through a congressional grant or state grant it cannot be acquired through adverse possession. . In states where railroad land can be acquired by adverse possession the time period required to perfect a claim is sometimes lengthened. In some states only lands that were used for certain purposes can be claimed. In some states there must be an abandonment and the requirements for abandonment are set forth in statutory and case law. In some states mere non-use is not considered an abandonment. . Requirements for adverse possession of "wild land" such as railroad ROWs are more stringent in some states where simply fencing in the desired land for grazing may not be adequate. . In some jurisdictions encroaching on railroad land is against the law. . In some states railroad property cannot be acquired through adverse possession. . Many states have a right of first refusal in railroad property. . Extensive title research must be performed to determine the status of the title owned by the railroad. Adverse possession of railroad land is a specialty area of law. You need to consult with an expert in conveyancing and railroads who can review your situation and explain your options under the statutory and case law in your state and federal statutory and case law.
Below is a quote from INDIANA statutes: IC 32-31-4-2 Liability; abandoned property; court order allowing removal by landlord Sec. 2. (a) A landlord has no liability for los…s or damage to a tenant's personal property if the tenant's personal property has been abandoned by the tenant. (b) For purposes of this section, a tenant's personal property is considered abandoned if a reasonable person would conclude that the tenant has vacated the premises and has surrendered possession of the personal property. (c) An oral or a written rental agreement may not define abandonment differently than is provided in subsection (b). (d) If a landlord is awarded possession of a dwelling unit by a court under IC 32-30-2, the landlord may seek an order from the court allowing removal of a tenant's personal property. (e) If the tenant fails to remove the tenant's personal property before the date specified in the court's order issued under subsection (d), the landlord may remove the tenant's personal property in accordance with the order and deliver the personal property to a warehouseman under section 3 of this chapter or to a storage facility approved by the court. As added by P.L.2-2002, SEC.16. Amended by P.L.115-2007, SEC.2. See below link for full statute:
Can you get criminal mischief charges filed on you in Texas on property damage that was owned by your husband prior to marriage and divorce is pending Throwing things in swimming pool?
You could, but in the midst of divorce it is best to avoid doing anything out of the ordinary. The furniture sounds like a minor thing, so clean up the pool and move on. L…eave each other's property alone.
Yes, if they aren't illegal aliens.