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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.
If property purchased and deed was 'joint tenants with right of survivorship' doesn't property belong to spouse after the divorce then death of ex-spouse if neither party remarried?
As long as there were no changes made to the tenancy by deed the joint tenancy would remain intact and the title to the property would automatically pass to the survivor. The situation would be different if the property was held by a tenancy by the entirety.
Is Mississippi a tenancy by the entirety state?
Yes. A married couple may hold title to real estate in Mississippi as tenants by the entirety pursuant to the section of the Mississippi Code reproduced below. The tenancy by the entirety must be stated in the deed. § 89-1-7. Estate in two or more persons. All conveyances or devises of land made to two (2) or more persons, including conveyances or devises to husband and wife, shall be construed to create estates in common and not in joint tenancy or entirety, unless it manifestly appears from the tenor of the instrument that it was intended to create an estate in joint tenancy or entirety with the right of survivorship. But an estate in joint tenancy or entirety with right of survivorship may be created by such conveyance from the owner or owners to himself, themselves or others, or to himself, themselves and others. An estate in joint tenancy or entirety with right of survivorship between spouses may be terminated by deed of one spouse to the other without necessity of joinder of the grantee spouse and without regard to whether the property constitutes any part of the homestead of the spouses. Sources: Codes, 1857, ch. 36, art. 18; 1871, § 2301; 1880, § 1197; 1892, § 2441; Laws, 1906, § 2770; Hemingway's 1917, § 2274; Laws, 1930, § 2113; Laws, 1942, § 834; Laws, 1958, ch. 237; Laws, 1993, ch. 395, § 1, eff from and after July 1, 1993.
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.
Can ownership of property as a married couple creating a tenancy by the entirety allow one spouse to enter into rental agreement or leases without the express permission of the other spouse?
Generally, tenancy by the entirety is reserved for couples who are legally married. Very few states endorse common law marriage. Certain states that do have some sort of recognition for common law marriages do not give them full recognition. You need to consult with an attorney in your state to determine the status of that law. You may need to choose a joint tenancy with the right of survivorship in your estate planning.
Can a joint marital bank account be garnished?
Yes. The very rare exception is if the married couple reside in a state that allows the account to be held as Tenancy By The Entirety and only one spouse is the debtor.
What if 2 people are on a mortgage and one moves out of the home in North Carolina?
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.
Are joint marital bank accounts in Maryland considered held as Tenancy By The Entirety?
It depends upon how the account was established. The original agreement by the married couple will state if the account is held as Tenancy By The Entirety, Joint Tenancy, or Joint Tenancy With Right of Survivorship. If there is no such designation the state default laws will apply. Although Maryland allows TBE, it is not an automatic defense in protecting a joint marital account. The decision as to whether or not the account can be levied when only one spouse is the judgment debtor is made by the presiding judge.
If two people OWN a building as joint tenants with right of survivorship and one dies intestate under what law does the other own the building?
Joint tenancy developed under English common law. In jurisdictions that are based on English common law a joint tenancy with the right of survivorship creates an estate in the survivor when one owner dies. Joint tenancies have been codified in most state codes. You would need to check your state for a specific statute. In Massachusetts the law is as follows:TITLE I. TITLE TO REAL PROPERTYCHAPTER 184. GENERAL PROVISIONS RELATIVE TO REAL PROPERTYChapter 184: Section 7. Creation of estate in common, joint tenancy or tenancy by the entiretySection 7. A conveyance or devise of land to two or more persons or to husband and wife, except a mortgage or a devise or conveyance in trust, shall create an estate in common and not in joint tenancy, unless it is expressed in such conveyance or devise that the grantees or devisees shall take jointly, or as joint tenants, or in joint tenancy, or to them and the survivor of them, or unless it manifestly appears from the tenor of the instrument that it was intended to create an estate in joint tenancy. A devise of land to a person and his spouse shall, if the instrument creating the devise expressly so states, vest in the devisees a tenancy by the entirety.A conveyance or devise of land to a person and his spouse which expressly states that the grantees or devisees shall take jointly, or as joint tenants, or in joint tenancy, or to them and the survivor of them shall create an estate in joint tenancy and not a tenancy by the entirety. In a conveyance or devise to three or more persons, words creating a joint tenancy shall be construed as applying to all of the grantees, or devisees, regardless of marital status, unless a contrary intent appears from the tenor of the instrument.A conveyance or devise of land to two persons as tenants by the entirety, who are not married to each other, shall create an estate in joint tenancy and not a tenancy in common.
In Indiana is the surviving spouse responsible for repayment of debt when the deceased spouse was the only account holder and could a lien be placed on the home?
No, Indiana is not a community property state. Indiana is a Tenancy By The Entirety state which means jointly owned marital property passes directly to the surviving spouse and is not subject to probate procedure not creditor attachment when the deceased spouse was the sole debtor.
In New Jersey is the surviving spouse responsible for credit card debt when the account was solely in the name of the deceased spouse?
No, New Jersey is not a community property state. It does however recognize Tenancy By The Entirety when it pertains to real property. Therefore the family home will pass directly to the surviving spouse and not be subject to probate unless the titling to the property is otherwise worded.
Can a judgment creditor foreclose on property jointly owned if only one person was named on the judgment in Missouri?
Generally, it can only take the interest of the debtor and not the co-owner. In the case of married couples, Tenancy by the Entirety property is fully exempt from creditors of one spouse and property owned by married couples is assumed to be held as tenants by the entirety.
