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If the deed does not say tenancy by the entirety is it so for Pennsylvania?
Wiki User
∙ 16y ago
You really haven't given enough information to answer this question. First, in order for a property to be owned as "tenancy by the entirety," you must be married. Furthermore, the property must have been acquired jointly, and by the same instrument. If the issuer of the deed (i.e., a mortgage company) unilaterally dropped one of the names that SHOULD have been on the deed, then you're in the money, assuming they do not rectify the situation. In such a situation, the property is still held as tenancy by the entirety, but the debt is only as against one of you, meaning that upon that person's death, the property would pass unencumbered to the remaining spouse. See, e.g., Regions Mortg., Inc. v. Muthler, 585 Pa. 464, 889 A.2d 39 (Pa.,2005).
Wiki User
∙ 16y ago
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What if the deed doesn't say joint tenants or tenants in common?
In the UK:You need to look for the phrase, "RESTRICTION: No disposition by a sole proprietor of the registered estate . . . ." This will appear under the sub heading Title Absolute which can be found under the main heading "Proprietorship Register". If this phrase is missing then it will be jointly ownedIf the words "tenants in common" do not appear it is presumed to be a joint tenant arrangement.In the USGenerally, the default tenancy (when no tenancy is recited) is tenancy in common. However, there are many variations from state to state. The default tenancy for married grantees is joint tenancy in some states. In my state the tenancy will be considered a tenancy in common in any deed if no tenancy is recited. You need to check your state laws.
What if you have your parents deed and it does not say tenants by entireties and your mom is deceased do your father gain ownership of the house?
The answer depends on what tenancy IS recited in the deed, whether yours is a community property state and the state laws of intestacy which you can check out at the related question link below.
Does spouse retain possession of foreclosed tenancy by the entirety property if not on mortgage?
You have asked an interesting question and the answer depends on the law in your state and whether your tenancy by the entirety predates the mortgage. The answer is generally yes, depending on the laws in your state.In Massachusetts and New York there is nothing in the law to prevent one tenant by the entirety from executing a mortgage. However, if the mortgage is foreclosed the bank would only acquire the interest of the one tenant who executed the mortgage. The survivorship rights of the other tenant cannot be severed.Therefore, a peculiar situation would arise: The bank would take the place of the mortgagor in the tenancy by the entirety. Let's say the husband executed the mortgage and then defaulted. The bank would acquire the husband's interest in the property subject to the wife's interest and to her right of survivorship. The bank and the wife would become co-owners. That means if the husband dies, the wife gets the property free and clear of the bank's interest since the bank is standing in for the husband in the tenancy by the entirety. If the wife dies the bank gets the property free and clear of any other interests. Practically speaking, this is not a profitable position for the bank.Some states prohibit one tenant by the entirety from conveying their interest and a mortgage by one may be invalid. You need to speak with an attorney in your state who specializes in real estate law.This is a misunderstood situation and many mortgagees (lenders) have been careless about errors in their mortgages over the past few years.
What are some common terms found on tenancy agreements?
Tenancy agreements often have set phrases and conditions which are the terms and conditions of the tenancy. These should include duration of tenancy and how much is paid per week or month. It should also say who is responsible for what regarding things like the garden or utilities.
Can wife sell joint property without husband's signature?
No. Your husband cannot sell your interest in jointly owned property without your signature. What he can do with his owninterest in the property depends on the tenancy.If you own as joint tenants with the right of survivorship he can sell or mortgage his half interest but not yours. In that case he would need to find a buyer or banker interested in sharing the property with you as a co-owner.If you own as tenants by the entirety he cannot sell or mortgage his interest in many states. In other states a peculiar arrangement would result if he sold or mortgaged his interest:The bank would take the place of the mortgagor in the tenancy by the entirety. Let's say the husband executed the mortgage and then defaulted. The bank would acquire the husband's interest in the property subject to the wife's interest and to her right of survivorship. The bank and the wife would become co-owners. That means if the husband dies, the wife gets the property free and clear of the bank's interest since the bank is standing in for the husband in the tenancy by the entirety. If the wife dies the bank gets the property free and clear of any other interests. Practically speaking, this is not a profitable position for the bank. A similar situation would occur if the husband conveyed his interest to another person. That person would simply take his place in the tenancy by the entirety with the wife.Some states prohibit one tenant by the entirety from conveying their interest and a mortgage by one may be invalid. You need to speak with an attorney in your state who specializes in real estate law.
How many syllables are there in the word entirety?
That depends on how you say it. Some people will say that the word entirety has has five syllables because they say it EN-TIE-ER-EH-TEA, but others will say four, because they say it EN-TYE-RE-TEA. I am in favor of the four pronunciation myself.
How do you say welcome in Pakistani?
Khush-aam-deed
What is a sentence for Pennsylvania?
Pennsylvania is a proper name. You can make any sort of sentence with a name. You could say "Pennsylvania is nice." "Pennsylvania is a state" also works. You can even say "I live in Pennsylvania."
How do you determine the date a house was built?
the title deed should say.
Why does Siegfried say Hagen and Gunther are dishonored by their deed?
they plotted to kill him
How do you say Pennsylvania in Esperanto?
Pensilvanio
How do you say apples in Pennsylvania German?
Schnitz
