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A father and daughter own a property the deed is in their names under joint tenants the daughter is separating from her spouse whos name is not on the deed can the husband force sale of the house?
Wiki User
∙ 12y ago
The answer may depend on whether you live in a community property state. If so, the property may be protected if it was purchased using funds acquired prior to the marriage or by inheritance. However, this is a complicated issue and you need to consult with an attorney who can review your situation under your state laws.
In a separate property state the property held in a joint tenancy would be protected in most cases.
The answer may depend on whether you live in a community property state. If so, the property may be protected if it was purchased using funds acquired prior to the marriage or by inheritance. However, this is a complicated issue and you need to consult with an attorney who can review your situation under your state laws.
In a separate property state the property held in a joint tenancy would be protected in most cases.
The answer may depend on whether you live in a community property state. If so, the property may be protected if it was purchased using funds acquired prior to the marriage or by inheritance. However, this is a complicated issue and you need to consult with an attorney who can review your situation under your state laws.
In a separate property state the property held in a joint tenancy would be protected in most cases.
The answer may depend on whether you live in a community property state. If so, the property may be protected if it was purchased using funds acquired prior to the marriage or by inheritance. However, this is a complicated issue and you need to consult with an attorney who can review your situation under your state laws.
In a separate property state the property held in a joint tenancy would be protected in most cases.
Wiki User
∙ 12y ago
Wiki User
∙ 12y agoThe answer may depend on whether you live in a community property state. If so, the property may be protected if it was purchased using funds acquired prior to the marriage or by inheritance. However, this is a complicated issue and you need to consult with an attorney who can review your situation under your state laws.
In a separate property state the property held in a joint tenancy would be protected in most cases.
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Could I deed a property to my son without my husband's consent We are joint tenants with survivorship?
Yes. If you own as joint tenants you can convey your interest to your son. He would then own the property as tenants in common with your husband. If you live in a community property state the answer may be different. You should consult with an attorney.
What if the husband and wife are joint tenants and the husband dies without a will then do the stepchildren receieve any proceeds if the house is sold?
No. If the property was held as joint tenants with the right of survivorship then the decedent's interest automatically passed to his wife upon his death. That is the reason for creating a joint tenancy and she is the owner of the property.
How is a wife listed along with her husband as having joint ownership of a property?
A married couple should own real property as tenants by the entirety if that tenancy is available in their state or as joint tenants with the right of survivorship if TBE is not an option.
How do you get all property to the surviving spouse in a common property state?
You should title all property as joint tenants with the right of survivorship or as tenants by the entirety.You should title all property as joint tenants with the right of survivorship or as tenants by the entirety.You should title all property as joint tenants with the right of survivorship or as tenants by the entirety.You should title all property as joint tenants with the right of survivorship or as tenants by the entirety.
If you your husband and his mother is on the deed to the home you live in and she died ad she did not have a will can her only daughter have any rights to your home?
You need to check the language in the deed by which the three acquired the real estate. If the property was acquired a joint tenants with the right of survivorship then your mother-in-law's interest automatically passed to the surviving owners (you and your husband) when she died. There is no need for probate. If the property was acquired as tenants in common with your mother-in-law then her next of kin would inherit her property. If your husband and his sister are the only children, and there was no will, then they would share her interest in the property equally and her estate must be probated in order for title to pass to her heirs at law.
If a husband takes a property out of his trust and adds his new wife' s name to the deed do his children have any recourse to get the property away from their father's wife?
No, not if husband titled the property as joint tenants or tenants by the entirety with his wife. The only situation in which he could not make that change would be if he was ordered to hold the property in trust by virtue of some court order or some written agreement.
If a house is owned by a husband and wife and only one person owes a debt can a collector place a lien on the home?
If the property is owned by the husband and wife as tenants by the entirety a lien for the debt of one will not affect the property.
Can you contest a will if property is tenants in common?
Can I as a tenant in common contest my late husbands will? I signed a transfer of property form stating that we were joint owners but it was never explained to me at any point that I was signing a 'tenants in common' agreement. I have lived in the property with my husband for 19 years and have invested thousands of pounds of my money on renovations. Now it transpires that I actually only own 40% of the property in a tenants in common agreement.
If mom and daughter are joint tenants of a home and mother dies is daughter liable for mother's credit card debt Can creditors attach liens on home even though daughter has right of survivorship?
I'm not an attorney, and you certainly need the help of an attorney. But joint tenants have equal and undivided rights in the property they own. It doesn't seem unreasonable that creditors will want something from the mother's property.
If real property is held by husband and wife as tenants by the entireties does a judgment against one attach to the property?
If the title to real property is vested in a entireties estate, a money judgment would only attach if it is against BOTH the husband and the wife UNLESS the judgment is a Federal Tax Lien.
Your mother was on title to a house with your daughter. Mother signed a quit claim to you. If your mother passes away can the property be tied up in her probate?
According to your question, your mother and your daughter owned property together. That deed should be recorded in the land records. If they owned as joint tenants with the right of survivorship, when your mother dies her interest in the property would pass automatically to your daughter and bypass probate. If your mother signed a quitclaim deed that conveyed her interest to you, that deed must be recorded in the land records. By executing that deed, she broke the joint tenancy she had with your daughter and now you and your daughter own the property as tenants in common. Your mother no longer owns the property and it would not be included in her probate estate.
Can survivorship be challenged?
What if your husband is one of the joint tenants. This was set up while we were married. Now after 30 years of living at the property, the husband kicks the wife out and dissolves the marriage. Does the wife have any rights to that portion of the share of the property that is her husbands. Can she sue for partitian of the property or if after all that time it becomes tenants in common. She has paid 1/2 the taxes on the property for 30 years, paid for half legal fees to make it sellable and half of the maintence and improvements.
