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Yes, community property takes precedence. The estate cannot do something with property that does not belong to them.

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Q: Does community property law over ride an executors deed?
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Could a Living estate over ride a quick deed?

If the owner of property conveys that property by a quitclaim deed while they still own it then they no longer own the property. It is now the property of the grantee in the deed.


Will getting the deed signed over to you give you rights over the house?

If you acquire a property by deed then you will be the owner. You will have the right to the use, possession, income and profits from the property. You will have absolute rights in the property. You will also be responsible for the property.


If the deceased left his home to a certain person and her name is already on the deed does she just take over the loan?

my aunt left me property in her will, and now I would like to sell the property, but I don't have a clear deed. how do i get a clear deed to the property so that I can sell the property?


Can a property given in gift deed reclaimed by the grantor?

Real property transferred by deed cannot be "reclaimed" unless there were conditions mentioned in the deed that would trigger a reverter if not met and those conditions were not met. If the property was simply transferred to a new owner with no restrictions the former owner no longer has any interest in the property not any control over it.Real property transferred by deed cannot be "reclaimed" unless there were conditions mentioned in the deed that would trigger a reverter if not met and those conditions were not met. If the property was simply transferred to a new owner with no restrictions the former owner no longer has any interest in the property not any control over it.Real property transferred by deed cannot be "reclaimed" unless there were conditions mentioned in the deed that would trigger a reverter if not met and those conditions were not met. If the property was simply transferred to a new owner with no restrictions the former owner no longer has any interest in the property not any control over it.Real property transferred by deed cannot be "reclaimed" unless there were conditions mentioned in the deed that would trigger a reverter if not met and those conditions were not met. If the property was simply transferred to a new owner with no restrictions the former owner no longer has any interest in the property not any control over it.


i have power of attorney over my daughter for property she owns in tx.she is in process of a devorce now.can anyone try to invole the land in the devorce/with me being power of attorney?

If the property was owned jointly with her spouse or his name is on the deed, this is community property and he gets half, regardless of power of attorney.


Can you get your house back if you signed a quitclaim deed?

If you own property and execute a quitclaim deed transferring your interest. You no longer own the property. If the property is subject to a mortgage or if you made the transfer to avoid creditors you have complicated the title and created a problem for yourself but you cannot undo that deed. The grantee in that deed would need to convey their interest back to you. Transferring property that is subject to a mortgage will trigger the "due on transfer" clause. You should consult with an attorney.


Can 1 person sell a home if 2 people are on mortgage but 1 signed over the deed?

The owner can sell the property. If one person is on the deed then that person can sell the property. The mortgage must be paid off at the time of the sale. It is not a good idea to transfer your rights in property by a deed if you are still on the mortgage.The owner can sell the property. If one person is on the deed then that person can sell the property. The mortgage must be paid off at the time of the sale. It is not a good idea to transfer your rights in property by a deed if you are still on the mortgage.The owner can sell the property. If one person is on the deed then that person can sell the property. The mortgage must be paid off at the time of the sale. It is not a good idea to transfer your rights in property by a deed if you are still on the mortgage.The owner can sell the property. If one person is on the deed then that person can sell the property. The mortgage must be paid off at the time of the sale. It is not a good idea to transfer your rights in property by a deed if you are still on the mortgage.


In simple terms what does it mean to receive a deed in lieu of foreclosure?

A deed in lieu of foreclosure refers to the process of handing over a property deed to the mortgage financier and no longer having to pay the mortgage. The property now belongs to the company who financed the mortgage.


When is a property sale concluded?

The sale is concluded at the closing generally when the deed is delivered to the buyer and the consideration is paid over to the seller. Then, everyone smiles, shakes hands and the property has a new owner. The deed must be recorded in the land records immediately.The sale is concluded at the closing generally when the deed is delivered to the buyer and the consideration is paid over to the seller. Then, everyone smiles, shakes hands and the property has a new owner. The deed must be recorded in the land records immediately.The sale is concluded at the closing generally when the deed is delivered to the buyer and the consideration is paid over to the seller. Then, everyone smiles, shakes hands and the property has a new owner. The deed must be recorded in the land records immediately.The sale is concluded at the closing generally when the deed is delivered to the buyer and the consideration is paid over to the seller. Then, everyone smiles, shakes hands and the property has a new owner. The deed must be recorded in the land records immediately.


What is an accommodation deed?

To give someone access over your property? To give away some of your land?


How can gift deed be cancelled?

A gift deed transfers the ownership of real property to a new owner for no consideration. The former owner no longer has any authority over the property. It has a new owner. The deed cannot be "cancelled" by the former owner.A gift deed can be nullified by a court order for several reasons that include the following:undue influencefraud or forgeryconveyance to avoid creditorsalterations in deed after execution


How long before quit claim deed is permanent?

A quit claim deed is final as soon as it is signed by the grantor and handed over to the grantee. In order to preserve their interest in the property and notify the world that the property has a new owner the deed should be recorded in the land records immediately.