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What are my responsibilities to a mortgage I hold for a property that I only have a life estate tenancy in and I can no longer afford and the remainderman will not sell?
Wiki User
∙ 12y ago
This is one of the real challenges in a life estate.
State and country laws vary, but in general:
The Life Tenant is responsible for the mortgage interest as well as the taxes, ordinary maintenance and repairs. The Remainderman is responsible for major repairs and the principle of the mortgage.
One option may be to give up the life estate, leaving the Remainderman entirely responsible for the property, including the mortgage. This could be a negotiating point.
I highly recommend visiting an attorney licensed in your jurisdiction to get help that works in your situation.
Wiki User
∙ 12y ago
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How can you protect yourself when not married and buying a home together?
Be certain the property is titled properly. Property is generally held in one of two ways, Tenancy-In-Common or Joint Tenancy.
How many states and Washington DC have some type of tenancy by the entirety property interest?
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What is a tbyE trust?
Tenancy by the entirety is a form of co-ownership of real property that is reserved for legally married people. In a T by E, when one owner dies the other automatically owns the property and there is no need for probate. A tenancy by the entirety is not a trust.
Can a life tenant take out a mortgage?
If they can find a mortgage company that is willing to take the risk. Because the tenancy is for the life of the holder, once they die, there is no recourse. Any interest rate would be extremely high as there is a great deal of risk.
Is Louisiana a Tenancy By The Entirety state?
States that allow couples to own property through "tenancy by the entirety," a type of joint ownership that offers protection form creditors. States that allow tenancy by entirety: Alaska Arkansas Delaware District of Columbia Florida Hawaii Maryland Massachusetts Mississippi Missouri New Jersey Mississippi Oklahoma Pennsylvania Rhode Island Tennessee Vermont Virginia Tennessee Wyoming States that allow tenancy by entirety for real estate only: Illinois Indiana Kentucky Michigan New York North Carolina Oregon * No, Louisiana is a community property state. FYI, Holding any property as TBE is only available to married couples.
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.
How do you buy land as a group?
When you purchase land with a group of people you can choose the tenancy by which the title will be held. With a joint tenancy the interest of a deceased member passes to the surviving members of the group. With tenancy in common the interest of a member passes to their heirs. With either, each owner has the equal right to the use, possession and profits of the property. If there is a mortgage each member is fully responsible for paying that mortgage. If one doesn't pay the others will need to make the payment regardless or the property will be taken by foreclosure.
You on the deed but not the mortgage. When partner dies what happens You are on joint tenancy with him on the deed?
You own the land subject to the mortgage.
Property held as a tenancy by the entirety requires what?
A tenancy by the entirety requires that the owners be legally married.
Can a co owner sell his share with the consent of other?
Yes, as long as the property is not held as tenants by the entirety: a tenancy reserved for married couples.Yes, as long as the property is not held as tenants by the entirety: a tenancy reserved for married couples.Yes, as long as the property is not held as tenants by the entirety: a tenancy reserved for married couples.Yes, as long as the property is not held as tenants by the entirety: a tenancy reserved for married couples.
What does TE mean in real estate?
There are four forms of co-ownership for property. If you are planning on purchasing a home or inherited property with another, the property is owned as a tenancy in common, a joint tenancy, through community property or tenancy by the entirety. Tenancy by entirety is specific to married couples.
If you pay a mortgage company to hold your property title deeds do you need to advise them if one of the joint holders dies?
If the property was held in a joint tenancy with the right of survivorship you are the sole owner and the property does not need to be probated. To prove your ownership you only need to record a death certificate in the land records.You don't need to notify the bank. You do need to make all your mortgage payments. You are responsible for paying the mortgage or the bank can foreclose if you default.
Is Idaho Tenancy by the Entirety state?
No it is community property
How much does a life tenancy sale reduce the sale price of real estate?
If a person who has life tenancy is institutionalized and never intends to live at the property that he has life tenancy does that person still have life tenancy.
What are life tenant responsibilities once he gives up tenancy and continues to live in property?
Once a life tenant releases their life estate they have no rights in the property and no responsibilities regarding the property. It is up to the fee owner to determine the terms for the continued use of the property. The owner may serve notice for the former life tenant to vacate the premises or the owner can require the tenant to sign a lease and pay rent. It is up to the owner.
How can you protect yourself when not married and buying a home together?
Be certain the property is titled properly. Property is generally held in one of two ways, Tenancy-In-Common or Joint Tenancy.
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.
