0
IN NJ CAN WIFE STILL HAVE A TENANCY IN THE ENTIRETY IF DEED NOT IN HER NAME AND WILL DOES NOT NAME HER?
Wiki User
∙ 6y agoWant this question answered?
Be notified when an answer is posted
Add your answer:
Earn +20 pts
How do you delete unmarried name from property deed?
The only way to change a deed is to execute a new one. If the owners are now married they should have a new deed drafted by an attorney that creates a tenancy by the entirety.
How do you vest title to real estate in the name of husband and wife?
A deed conveying real property to husband and wife should grant the property to them as tenants-by-the-entirety. That form of ownership is reserved for legally married people and has special benefits and protections. The survivorship rights of one co-owner in a tenancy-by-the-entirety cannot be severed by the other co-owner. The property cannot be partitioned as long as the owners remain married. A Judgement of Divorce automatically converts a tenancy-by-the-entirety to a tenancy-in-common in most jurisdictions. The deed should be drafted by an attorney.
My wife and my name are on the mortgage deed for our house and there is a lien on my name can i do a quit claim deed transfer to get my name off and therefore the lien not able to follow the house?
I assume you mean you are both on the deed to your property. Don't quitclaim your interest unless you speak to a lawyer. You may create more trouble for yourself. If the debt was for goods or services that benefitted both of you the creditor might still have a claim. It may be found to be a fraudulant conveyance to avoid a creditor. If you convey your interest you would lose any protection you may have under a tenancy by the entirety.
What are assets in probate?
Probate assets are all the property a person owns at death in their own name. That would exclude any property owned with another in a joint tenancy or tenancy by the entirety.
My father-in-law's property has his name and one grandaughter's name on the deed and he recently died. Who is entitled to his share of the property?
You need to obtain a copy of the deed from the land records office and check the tenancy recited in the deed to your father-in-law and his grandaughter. If they were joint tenants then the property passed to her when he died and she now owns it. If there was no tenancy recited then it is probable that they were tenants-in-common and his half interest would pass to his heirs. In most states the default tenancy for unmarried co-owners is tenancy-in-common.
Can you rent out your house even if your name is not on the deed?
Yes, if i am a tenant , i can give it to another person on sub-tenancy..
Why would you have to sign off on a warranty deed after your mother's death if your name was not on the deed?
If your mother's will named you as an heir, and she owned the house, then you would be an heir to the house (which has a deed in her name). If she had no will, then your state laws would almost always give a share of the house to any surviving children, again with only her name on the deed. If she and someone else had a joint tenancy deed, then her will (and the state laws of intestacy) have nothing to do with it, and it automatically becomes owned by the remaining survivors of the joint tenancy. If she is the final survivor, see above, as she had become the full owner.
Should a husband add his wife's name to the deed or just leave the house to his wife in his will?
A wife's name should be on the deed to the property as a tenant by the entirety or a joint tenant with the right of survivorship. That way, when the husband or wife dies, the surviving spouse will own the property with no need of probate.A proper survivorship deed can save on considerable legal expenses later if the property remains in only the husband's name and his estate must be probated. The property will be used to pay any outstanding debts of the husband. If those expenses cannot be paid, along with the legal costs of probate, then the house will need to be sold to pay them.Also, in addition to avoiding probate, a tenancy by the entirety provides special protections against creditors.A wife's name should be on the deed to the property as a tenant by the entirety or a joint tenant with the right of survivorship. That way, when the husband or wife dies, the surviving spouse will own the property with no need of probate.A proper survivorship deed can save on considerable legal expenses later if the property remains in only the husband's name and his estate must be probated. The property will be used to pay any outstanding debts of the husband. If those expenses cannot be paid, along with the legal costs of probate, then the house will need to be sold to pay them.Also, in addition to avoiding probate, a tenancy by the entirety provides special protections against creditors.A wife's name should be on the deed to the property as a tenant by the entirety or a joint tenant with the right of survivorship. That way, when the husband or wife dies, the surviving spouse will own the property with no need of probate.A proper survivorship deed can save on considerable legal expenses later if the property remains in only the husband's name and his estate must be probated. The property will be used to pay any outstanding debts of the husband. If those expenses cannot be paid, along with the legal costs of probate, then the house will need to be sold to pay them.Also, in addition to avoiding probate, a tenancy by the entirety provides special protections against creditors.A wife's name should be on the deed to the property as a tenant by the entirety or a joint tenant with the right of survivorship. That way, when the husband or wife dies, the surviving spouse will own the property with no need of probate.A proper survivorship deed can save on considerable legal expenses later if the property remains in only the husband's name and his estate must be probated. The property will be used to pay any outstanding debts of the husband. If those expenses cannot be paid, along with the legal costs of probate, then the house will need to be sold to pay them.Also, in addition to avoiding probate, a tenancy by the entirety provides special protections against creditors.
Do you have sole ownership of home if husband is deceased and quit claim puts his and your name on the deed?
It depends on the tenancy recited in the deed. If the deed recites that you will hold title as joint tenants with the right of survivorship then husband's interest will automatically pass to wife upon his death.
Louisiana is a community property state you are on the deed only with your husband It says you own it by tenancy by entirety What does this mean What if the mortgage is only in his name?
You AND your husband are the owners of the house. Should you divorce, you have an equal investment in the house. The mortgage is in your husband's name, but should he die, you are responsible for this bill. If you default on the loan, you will foreclose on the house. The mortgage company does not care who pays the loan off, as long as it gets paid.
What if your husband's deceased former partner's name is still on the deed?
If your husband's deceased former partner's name is still on the deed, it may complicate ownership of the property. It's important to review the legal status of the property, consult with a real estate attorney, and proceed according to the laws and guidelines in your jurisdiction to ensure proper ownership rights.
Your first wife passed away 9 yrs ago her name is still on the deed with you i remarried what should you do?
Generally, all you need to do is record a copy of your first wife's death certificate in the land records to clear the title. Then you can execute a new deed to transfer title to you and your new wife. You should consult with an attorney to have the new deed drawn correctly. Some jurisdictions require that a straw deed be used to create a new survivorship tenancy.
