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Can either spouse execute a deed to transfer jointly owned property without the other's consent?
Wiki User
∙ 12y ago
No. A person cannot sell what they do not own. If two people own the property both must sign their consent to the sale. If only one signs they will only transfer a half interest. In some states one tenant in a tenancy by the entirety, which is reserved for married couples and has special protections, cannot transfer their interest in the property.
No. A person cannot sell what they do not own. If two people own the property both must sign their consent to the sale. If only one signs they will only transfer a half interest. In some states one tenant in a tenancy by the entirety, which is reserved for married couples and has special protections, cannot transfer their interest in the property.
No. A person cannot sell what they do not own. If two people own the property both must sign their consent to the sale. If only one signs they will only transfer a half interest. In some states one tenant in a tenancy by the entirety, which is reserved for married couples and has special protections, cannot transfer their interest in the property.
No. A person cannot sell what they do not own. If two people own the property both must sign their consent to the sale. If only one signs they will only transfer a half interest. In some states one tenant in a tenancy by the entirety, which is reserved for married couples and has special protections, cannot transfer their interest in the property.
Wiki User
∙ 12y ago
Wiki User
∙ 12y agoNo. A person cannot sell what they do not own. If two people own the property both must sign their consent to the sale. If only one signs they will only transfer a half interest. In some states one tenant in a tenancy by the entirety, which is reserved for married couples and has special protections, cannot transfer their interest in the property.
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Can I refinance a jointly owned home without the consent or signature of the other person who jointly owns the property and is also on the deed?
You can only encumber your own interest in the property. You cannot affect the co-tenant's interest in the property without their consent.
What percentage of the proceeds is due to the wife when a property is sold?
If the property is owned jointly, the wife is entitled to 50% of the proceeds.If the property is owned jointly, the wife is entitled to 50% of the proceeds.If the property is owned jointly, the wife is entitled to 50% of the proceeds.If the property is owned jointly, the wife is entitled to 50% of the proceeds.
Can your husband do estate planning without your signature?
Generally, he can do his own estate plan without your consent. He can create a plan for the distribution of his own estate but he cannot include your interest in any property nor can he add to the plan any property in your sole ownership. He cannot cut off any survivorship rights you have in jointly owned property.Generally, he can do his own estate plan without your consent. He can create a plan for the distribution of his own estate but he cannot include your interest in any property nor can he add to the plan any property in your sole ownership. He cannot cut off any survivorship rights you have in jointly owned property.Generally, he can do his own estate plan without your consent. He can create a plan for the distribution of his own estate but he cannot include your interest in any property nor can he add to the plan any property in your sole ownership. He cannot cut off any survivorship rights you have in jointly owned property.Generally, he can do his own estate plan without your consent. He can create a plan for the distribution of his own estate but he cannot include your interest in any property nor can he add to the plan any property in your sole ownership. He cannot cut off any survivorship rights you have in jointly owned property.
If a husband dies first can a trust be left dictating what happens to property jointly owned?
If two people own property jointly the sole ownership automatically passes to the surviving joint owner upon the death of the other. Neither can change that operation of law by their will or by a trust. The surviving owner can devise the property in THEIR will or transfer it to a trust.
What if an executrix rejects an offer on a property jointly owned without knowledge or consent of one heir?
That is the option of the executrix. They don't have to get permission from every heir to manage the estate.
Can one owner lease out property that is jointly owned?
No. All the owners would need to consent to the lease by signing it. If all the owners of the property, or their duly appointed agent, didn't sign the lease it would not be a valid lease. All the undivided interest owners have the right to the use and possession of the whole property but one owner cannot encumber the whole property.A lease signed by only one of the owners of the property is not binding on the other owners. The tenant would not have their permission to lease their property.
Can on a jointly owned property be changed without the other owner's signature?
You cannot make any changes to the other owner's interest in the property without that owner's consent and signature. For example, if you sell the property the grantee will only receive your own one-half interest.
When a brother and sister own a house jointly is it possible to transfer my half to my partner?
Yes. You can convey your interest in the property to your partner. However, you should seek the advice of an attorney to discuss your options and the consequences as to the tenancy that will be created by a transfer.
What is jointly owned holiday property called?
timeshare
Could you sell property as attorney in fact without marital consent?
If your spouse granted to you a power of attorney you can sell your jointly owned real estate without their additional consent. You should have an attorney draft the deed to make certain it is proper for your jurisdiction and the POA is also properly drafted.
Can you leave property to someone in a will if you don't own all the property?
No, you cannot leave property to someone in a will if you do not own it. A will can only distribute assets that belong to the person creating the will at the time of their death.
How can a husband wife transfer be a fraudulent transfer in an equitable distribution state?
It can be fraudulent "Where jointly-held property is transferred for the purpose of defrauding creditors, the transferor may not then share in the value of the transferred asset for purposes of equitable distribution". Consult legal counsel for more information.
