Generally, a minor cannot execute a deed that transfers title effectively. A deed executed by a minor would constitute a title defect until the child reached legal age and ratified the deed. On the other hand a deed executed by a minor could be voided when the child reached legal age. If a minor has acquired an interest in real estate, and it is the child's best interest to convey their interest, a court appointed guardian must represent the minor in the sale. The guardian must obtain a license to sell real estate from the court. Generally, the court will also appoint a guardian ad litem to review the case and report back to the court whether the sale is in the child's best interest.
No - that's a contract. A minor cannot legally sign a contract (no matter what country they're in).
No, they cannot deed property to a minor. They can deed the property to a trust on behalf of the minor. Consult an attorney in your jurisdiction for specifics.
File a partition action. One of the joint tenants sign a quit deed.
A deed of extrajudicial partition with absolute sale refers to a partition of real property outside the jurisdiction of the court where one or more of the claimants becomes the vendor and the other the vendee.
They are not the same, a quit claim deed is a method of transferring rights to property. Joint owned is a form of ownership.
From the question, it appears to be a "joint tenancy" rather than a "tenancy in common", so the two joint owners would need to agree on selling the entire property, or take the dispute to court if it can't be resolved amicably.Or they could agree to enter tenancy in common, partition the property, and sell their respective shares.
No not without an appointed Guardian
You have mentioned two different situations. Apparently the wife inherited property then she transferred it to her and her husband's joint ownership. The property now belongs to her and her husband. It was no longer legally classified as her inheritance once she executed a deed making it joint property.You have mentioned two different situations. Apparently the wife inherited property then she transferred it to her and her husband's joint ownership. The property now belongs to her and her husband. It was no longer legally classified as her inheritance once she executed a deed making it joint property.You have mentioned two different situations. Apparently the wife inherited property then she transferred it to her and her husband's joint ownership. The property now belongs to her and her husband. It was no longer legally classified as her inheritance once she executed a deed making it joint property.You have mentioned two different situations. Apparently the wife inherited property then she transferred it to her and her husband's joint ownership. The property now belongs to her and her husband. It was no longer legally classified as her inheritance once she executed a deed making it joint property.
joint survivership
There is no 'inheritance' from a joint tenancy. When two people own property as joint tenants with the right of survivorship and one dies the survivor automatically owns the property. Think of it this way: When one owner dies their interest in the property disappears leaving the survivor as the sole owner.
It depends on what the deed says. If the deed is a right of survivorship, the property will go to the descendants of the last to die. If it is a joint ownership, the property could go to the beneficiaries of all three of the decedents.
No. Property owned by virtue of a survivorship deed passes automatically to the surviving joint tenant on the deed, bypassing probate. Upon the death of that surviving joint tenant, the property would pass to their estate and would be distributed under the terms if their will or according to the state laws of intestacy if there is no will.No. Property owned by virtue of a survivorship deed passes automatically to the surviving joint tenant on the deed, bypassing probate. Upon the death of that surviving joint tenant, the property would pass to their estate and would be distributed under the terms if their will or according to the state laws of intestacy if there is no will.No. Property owned by virtue of a survivorship deed passes automatically to the surviving joint tenant on the deed, bypassing probate. Upon the death of that surviving joint tenant, the property would pass to their estate and would be distributed under the terms if their will or according to the state laws of intestacy if there is no will.No. Property owned by virtue of a survivorship deed passes automatically to the surviving joint tenant on the deed, bypassing probate. Upon the death of that surviving joint tenant, the property would pass to their estate and would be distributed under the terms if their will or according to the state laws of intestacy if there is no will.
Under long standing common law principles a property owner under a deed that created a joint tenancy has the legal right to sever the joint tenancy. A court will not prohibit that right.Under long standing common law principles a property owner under a deed that created a joint tenancy has the legal right to sever the joint tenancy. A court will not prohibit that right.Under long standing common law principles a property owner under a deed that created a joint tenancy has the legal right to sever the joint tenancy. A court will not prohibit that right.Under long standing common law principles a property owner under a deed that created a joint tenancy has the legal right to sever the joint tenancy. A court will not prohibit that right.