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Mom paid for home- Step-dad name was put on when refiance done- He will not sign quit claim deed- Mom wants step-dad off deed- how does she sever joint tenancy?
Wiki User
∙ 14y ago
Your mother should consult an attorney ASAP. It is relatively easy to sever a joint tenancy with the right of survivorship. Under her particular circumstances she should make certain it is done properly under your state law in order to protect her interests. It may be as simple as her conveying her interest to a "straw" at the attorney's office and the "straw" immediately conveys that interest back to her. The tenancy would devolve to a tenancy in common.
Wiki User
∙ 14y ago
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Do stepchildren have a legal claim to property when a blood brother took control of assets after stepdad died?
Probably, as long as you're not a minor. Call a lawyer.
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.
Would it be beneficial financially to have a stepdad versus mom claim child and expenses related to child on tax return and is it legal to do this?
Whether you can do this at all depends on the IRS rules of dependency--including whether the child lived with you for most of the year and if you paid most of their food and board. Other than that, you probably would need a form from the parent giving you the right to claim the child this year. The benefit taxwise really depends on the effects of the deduction on your total picture. Finally, check in with a tax advisor or the IRS for the official information.
What does tenancy by the entirety mean in Florida?
Generally, and in Florida, a tenancy by the entirety is a special joint tenancy reserved for legally married people. They own the property with the unseverable common law right of survivorship. If one dies, the other automatically owns the property. With a general joint tenancy with the right of survivorship the tenancy can be broken by one of the parties and it will transform into a tenancy in common. The right of survivorship within a tenancy by the entirety cannot be severed by one of the parties. One may not sue the other to Partition the property. A creditor of one may not claim the property or the proceeds of sale. In Florida, the signature of both spouses is needed to sell the property and one cannot sell their interest alone. Both are required to sign a mortgage or any other type of contract.
Are Joint Tenants with a right of survivorship the same as Tenants In Common?
No they are different types of real property co-ownership. Tenancy in common is a type of co-ownership where two or more people ("tenants in common") own the property. It is the default tenancy in many jurisdictions when the tenancy is not stated in a deed with multiple grantees. Tenants in Common:Can own the property in equal or unequal sharesHave the right to the use and possession of the whole of the propertyPass on their share of the property to their heirs when they dieIn a joint tenancy the desire to create a joint tenancy with the right of survivorship must be so stated in the deed. The interest of any deceased joint tenant passes automatically to the surviving joint tenants. A joint tenancy is created only if the following four conditions, called the Four Unities, are met:Time- All the tenants acquired their interest at the same time.Title- All the tenants have the same title.Interest- All the tenants have an equal share.Possession- All tenants must have an equal right to possess the property.
A minor child's father passed and there was no a will. The father owned real estate by a joint tenancy. What happens now?
Property held in a joint tenancy passes automatically to the surviving joint tenant. However, if the father owned any other property in his own right when he died then a claim can be filed against his estate on behalf of the minor child. The child would also be entitled to Social Security benefits.Property held in a joint tenancy passes automatically to the surviving joint tenant. However, if the father owned any other property in his own right when he died then a claim can be filed against his estate on behalf of the minor child. The child would also be entitled to Social Security benefits.Property held in a joint tenancy passes automatically to the surviving joint tenant. However, if the father owned any other property in his own right when he died then a claim can be filed against his estate on behalf of the minor child. The child would also be entitled to Social Security benefits.Property held in a joint tenancy passes automatically to the surviving joint tenant. However, if the father owned any other property in his own right when he died then a claim can be filed against his estate on behalf of the minor child. The child would also be entitled to Social Security benefits.
What does it mean to have a quit claim deed as to a life estate?
A person who is granted a life estate has the right to the use and possession of the property for the duration of their natural life. They are responsible for upkeep and maintenance. Upon their death the life tenancy is extinguished.
On real property can an heir of a person named in a Joint Tenancy with Rights of Survivorship with someone else make a valid claim for ownership of the property?
NO. When two people own property as joint tenants with the right of survivorship and one dies the other AUTOMATICALLY owns the property. You cannot make a claim as an heir at law of the decedent.
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.
Joint Tenancy Warranty Deed vs Divorce Decree If a warranty deed is in Joint Tenancy and a divorce decree says its a 60 40 split which document rules?
Ok the property is held in joint tenancy which means upon the death of one of the joint tenants, the property, by operation of law, passes to the survivor. The Divorce Decree (Judgment) does not effect this. Now if a memorandum of the Divorce Decree was recorded it would become a lien on the property and would eventually have to be satisfied from a sale. If both of the joint tenants are alive, the Divorce Decree controls. If one of the joint tenants dies the estate of the deceased joint tenant would have a claim against the surviving joint tenant under the Decree. Tony B.
Can a lien be placed against a property which is in tenancy of the entirety but the judgment is against the husband only?
No. If the property has always been in wife's name then it cannot be encumbered by a creditor of the husband. However, if the property was recently transferred by the husband and wife to the wife then the creditor may claim the transfer was a fraudulent conveyance and lacking any or significant consideration was made for the purposes of protecting the property from a creditor. A fraudulent conveyance will not protect the property from the husband's debt and may cause further problems.
Can you contest a joint tenancy when one of the parties die?
Generally, when two people choose to own their property as joint tenants with the right of survivorship the full ownership passes to the survivor when one dies . . . period. That operation of law can't be contested without a very good reason. You should direct your question to an attorney who can review the details and the reason you think you have a legitimate claim.
