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Can Tenancy By The Entirety protect a home in Louisiana?

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βˆ™ 2006-08-14 17:43:32

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No. TBE does not apply in Louisiana as the state is a community property state.

2006-08-14 17:43:32
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Q: Can Tenancy By The Entirety protect a home in Louisiana?
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Related Questions

What does TE mean in real estate?

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Married couple have Florida deed in Fee Simple spouse dies intestate does deceased spouse's child from previous marriage have any claim to interest in home Is Florida default Tenancy in the Entirety?

The default tenancy on a deed to married persons in Florida is tenancy by the entirety.

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Be certain the property is titled properly. Property is generally held in one of two ways, Tenancy-In-Common or Joint Tenancy.

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The names on a mortgage are not what decides ownership, the deed to the house is the determining factor. Married couples generally own a house by Joint Tenancy With Surviviorship Rights, Joint Tenancy or in a few states Tenancy By The Entirety. Even if one spouse leaves the residence he/she does not lose their rights of ownership.

In North Carolina if husband and wife are both on a deed to a home and one dies can the other person sell?

That depends on how they held tenancy. If they held with the right of survivorship then the surviving spouse would own the property. There would be survivorship rights in a tenancy by the entirety or a joint tenancy with the right of survivorship. If they held as tenants in common others may have an interest in the property if the decedent didn't devise their share to the surviving spouse by will.

My ex wife is filing bankruptcy and we have a home loan in both your names what happens to the loan?

The loan may not be the real problem, but how you own the property (tenancy by the entirety, joint tenancy, tenants in common). The loan is secured as to the two of you, and if she is trying to surrender her interest to the mortgage company in a chapter 7, she might be able to. I suggest you talk to the or a divorce lawyer about the law in your state.

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