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Can a student loan collector place a lien on your property if you'r only on the deed as tenants in common with a right of survivorship?
Wiki User
∙ 13y ago
Yes. If you name is on the deed no matter how it is titled then you can have a lien placed on the property for unpaid student loans. The only way to avoid this is to not be in title at all.
This is how this might work:
Bob marries Sally who becomes disabled from a car wreck. The student loan entity denied Sally's disability discharge and the loan is going into default.
In order to purchase a home, Bob sets up a family trust and adds the home to the trust. His adult son is the trustee at Bob's death, but Sally will be able to live in their home until she dies or moves to a nursing facility. This avoids any lien because a)her name is not on the deed and b)her beneficiary rights are only granted at her death and immediately pass to her children (the remaining beneficiaries). The property avoids probate and Sally isn't put on the street.
Wiki User
∙ 13y ago
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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.
How do you know if you have right of survivorship on a property you own with a non-spouse?
A right of survivorship must be set forth in the deed by which you acquired your property. If the deed doesn't state you received the property as "joint tenants", or as "joint tenants with the right of survivorship" which is required in some jurisdictions, then you own as tenants in common and have no survivorship rights. If you review your deed and the answer isn't clear you should consult with the attorney who represented you at your closing who can draft a confirmatory deed with survivorship rights if necessary.
How do you find out if you are the survivor on your property deed?
Review your deed and look for any survivorship language after your name in the granting clause. It can be stated:as joint tenants with the right of survivorship, oras tenants by the entiretyReview your deed and look for any survivorship language after your name in the granting clause. It can be stated: as joint tenants with the right of survivorship, oras tenants by the entiretyReview your deed and look for any survivorship language after your name in the granting clause. It can be stated: as joint tenants with the right of survivorship, oras tenants by the entiretyReview your deed and look for any survivorship language after your name in the granting clause. It can be stated: as joint tenants with the right of survivorship, oras tenants by the entirety
Does property have to go to probate if one spouse is deceased and the surviving spouse is also listed on the Missouri warranty deed?
It depends on how they took title. The deed by which the couple acquired the property must be a survivorship deed in order to avoid probate. They must have acquired as joint tenants with the right of survivorship or as tenants by the entirety.If they acquired as tenants in common then the decedent's estate must be probated.It depends on how they took title. The deed by which the couple acquired the property must be a survivorship deed in order to avoid probate. They must have acquired as joint tenants with the right of survivorship or as tenants by the entirety.If they acquired as tenants in common then the decedent's estate must be probated.It depends on how they took title. The deed by which the couple acquired the property must be a survivorship deed in order to avoid probate. They must have acquired as joint tenants with the right of survivorship or as tenants by the entirety.If they acquired as tenants in common then the decedent's estate must be probated.It depends on how they took title. The deed by which the couple acquired the property must be a survivorship deed in order to avoid probate. They must have acquired as joint tenants with the right of survivorship or as tenants by the entirety.If they acquired as tenants in common then the decedent's estate must be probated.
How does a deed have to be worded in order to guarantee survivorship of property between two people?
The tenancy must be stated as "joint tenants with the right of survivorship".
What if property is listed as joint tenants with rights of survivorship and there are other living children?
If a property is owned as joint tenants with the right of survivorship and one owner dies the surviving owner automatically becomes the sole owner. The property does not become part of the decedent's estate. That is the purpose of a survivorship deed.Any other living children would have no interest in the property.If a property is owned as joint tenants with the right of survivorship and one owner dies the surviving owner automatically becomes the sole owner. The property does not become part of the decedent's estate. That is the purpose of a survivorship deed.Any other living children would have no interest in the property.If a property is owned as joint tenants with the right of survivorship and one owner dies the surviving owner automatically becomes the sole owner. The property does not become part of the decedent's estate. That is the purpose of a survivorship deed.Any other living children would have no interest in the property.If a property is owned as joint tenants with the right of survivorship and one owner dies the surviving owner automatically becomes the sole owner. The property does not become part of the decedent's estate. That is the purpose of a survivorship deed.Any other living children would have no interest in the property.
How should you title property if married?
Property owned by married people should be acquired as tenants by the entirety. The next best form would be as joints tenants with the right of survivorship.
Can a survivorship deed serve as proof of ownership of deceased aunt's property?
Yes. If you owned property with your aunt as joint tenants with the right of survivorship then when she died full ownership of the property passed to you automatically with no need of probate.
In Oregon should a woman and man living together change deeds from tenants in entirety to tenants in common?
Tenants by the entirety is a tenancy reserved for people who are married. If two people who are not married acquire property as tenants by the entirety the tenancy would fail. If two unmarried people want to create a survivorship in each other they should hold the property as joint tenants with the right of survivorship. That way, if one died the other would automatically own the property.
Can joint owned property with three owners be willed to one of the surviving parties over the other?
No. Property owned by three people as joint tenants with the right of survivorship cannot be "willed" at all. When one owner dies their share automatically passes to the surviving joint tenants.No. Property owned by three people as joint tenants with the right of survivorship cannot be "willed" at all. When one owner dies their share automatically passes to the surviving joint tenants.No. Property owned by three people as joint tenants with the right of survivorship cannot be "willed" at all. When one owner dies their share automatically passes to the surviving joint tenants.No. Property owned by three people as joint tenants with the right of survivorship cannot be "willed" at all. When one owner dies their share automatically passes to the surviving joint tenants.
Is survivorship the same as husband and wife in a deed?
No. Survivorship means that if one owner dies the other automatically becomes the sole owner of the property. The two do not need to be married. State laws vary. In some jurisdictions husbands and wives are automatically considered joint tenants when they purchase real property. In other states the tenancy must be declared in the deed. Simply stating "as joint tenants" creates a survivorship in some jurisdictions. In others the words, "as joint tenants with the right of survivorship" must be used.
What is the law in Indiana when their is a quit claim deed on property and the co owner dies?
It depends on how the co-owners held title. If by survivorship the property automatically will become the sole property of the survivor. If held as tenants in common the decedent's interest will pass to their estate and distribute to their heirs.It depends on how the co-owners held title. If by survivorship the property automatically will become the sole property of the survivor. If held as tenants in common the decedent's interest will pass to their estate and distribute to their heirs.It depends on how the co-owners held title. If by survivorship the property automatically will become the sole property of the survivor. If held as tenants in common the decedent's interest will pass to their estate and distribute to their heirs.It depends on how the co-owners held title. If by survivorship the property automatically will become the sole property of the survivor. If held as tenants in common the decedent's interest will pass to their estate and distribute to their heirs.
