Yes he does, until the owner either dies or conveys his interest in the property, which would then transform the property from joint tenancy to a tenancy in commons. So if there is a joint tenancy and one of the owners files a BK, then half the property (its value) would be included in the BK.
No. A tenant has no ownership interest in the property and so the property is not available to their creditors.No. A tenant has no ownership interest in the property and so the property is not available to their creditors.No. A tenant has no ownership interest in the property and so the property is not available to their creditors.No. A tenant has no ownership interest in the property and so the property is not available to their creditors.
Your bankruptcy has noting to do with your tenant. If you were not filing, he would still owe you the rent.
None. The only protection is for the non-bankrupt owner to pay the secured-credit (mortgage, e.g.) arrears and the monthly payments going forward. Some state laws regarding tenancy by the entirety/entireties, available only to married couples, may make it more complicated, but both had to sign the mortgage, and agreed thereby to be each responsible for the full payment. If we're talking about a mortgage or secured loan, the house or other asset can go into foreclosure/repossession if the bankruptcy abandons the secured asset. Strictly speaking, bankruptcy should not affect the tenancy relationship in any other way. Any joint accounts become the sole responsibility of the non-bankrupt tenant. Any joint credit secured by the jointly-owned property may or may not be dischargeable in a Chapter 7, depending on what it is and if a cram-down is available, but will still be the responsibility of the non-bankrupt tenant
In chapter 5 for The Grapes Of Wrath, the owners of the land suggest the tenant farmers to move to California.
In chapter 5 for The Grapes Of Wrath, the owners of the land suggest the tenant farmers to move to California.
The answer is no. Property owned with another person as joint tenants with the right of survivorship passes automatically to the co-owner when you die. You cannot bequeath your interest in that property in your will. It does not become part of your estate.
The property may go into foreclosure, but that has nothing to do with the tenant. Until there is a foreclosue sale, the tenant is obligated to pay rent to the owner.
If your name is on the deed as a grantee, then you have an ownership interest in the property. It may be tenant-in-common or joint tenant (with right of survivorship). In either case, you have an "undivided" co-ownership of the property.
here is the answer, Because the owners are losing money on tenant farmers. If I am wrong comment down below
Normally the bankruptcy filing has nothing to do with whether or not the tenant has paid his rent. A landlord does not have the right to evict a tenant simply because the tenant filed chapter 7 unless that is part of the lease. The terms of the lease determine if the tenant will be evicted. If the tenant pays the rent, he should not be evicted.
Yes. However, you should discuss your plan with an attorney and note that by making a transfer of your interest you will extinguish the survivorship aspect of your ownership. If the other tenant dies their interest will pass to their heirs and not to you as the surviving joint tenant.
A business cannot file a chapter 13. But a person can be evicted if he does not pay rent.