Laws vary in different jurisdictions. You need to check the particular laws in yours. Generally, in states that allow tenancy by the entirety for legally married couples one tenant cannot sever the survivorship rights of the other without their written consent on a deed. Otherwise, a divorce will end that type of survivorship tenancy, changing it to a tenancy in common. In general joint tenancies with right of survivorship can be terminated when one tenant conveys their interest to a third party. If they simply wish to change the tenancy they can deed to a "straw" and then have the straw deed the interest back as a tenancy in common.
Each state has several different forms of deeds and different ways multiple owners can hold title. You need to check each particular deed to determine if it is a survivorship deed.Each state has several different forms of deeds and different ways multiple owners can hold title. You need to check each particular deed to determine if it is a survivorship deed.Each state has several different forms of deeds and different ways multiple owners can hold title. You need to check each particular deed to determine if it is a survivorship deed.Each state has several different forms of deeds and different ways multiple owners can hold title. You need to check each particular deed to determine if it is a survivorship deed.
Yes, you can show survivorship in several ways: tenants by the entirety, joint tenants, and joint tenants with right of survivorship (required in some states).Some deeds even say, "... grant to X and Y, husband and wife, as joint tenants with right of survivorship and not as tenants in common," in case there was any room for doubt.Unless your local laws say otherwise, "joint tenant" is all you need to say, as it implies the undivided joint interest between the named parties and the agreement that the last surviving member of the list acquires the full remaining property at that time.Caveat:Deeds should always be drafted by a professional who is familiar with the laws in your jurisdiction. Errors made by non-professionals can be costly to correct if they can be corrected. The parties must discuss their needs with an attorney who will then explain their options and draft a proper deed.
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An inter-spousal grant deed is a document that legally transfers property from one spouse to the other to. There are many ways to accomplish a property transfer, but two of the most common ways to transfer property in a divorce are through an inter spousal transfer deed or quit claim deed.
You aren't really splitting the deed, you're splitting the ownership between two people. When two people acquire real estate together each has the right to the use and possession of the whole parcel. You should have the deed drafted by a professional who can review your needs, explain the various ways that title to real property can be held and who can explain the consequences of having two grantees on the deed.
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Not if they have Right-of-way conveyed to utilities. This would include water, sewer, cableTV, telephone, electric, gas. Check your property deed. It will tell you what right of ways there are. You should also have ampa with your deed and it will show where the ROW actually runs - usually at the edge of the property.
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Cash is one of the easiest ways to buy a home. As long as there will be no mortgage, the sourcing of the funds is not going to be important. You may consider putting your name on the deed as right of survival, just as a backup, if she does not have beneficiaries.
No. Usually such things are on 'public right of ways' or there are specific deed restrictions that allow them access. The government will provide access for the good of the public and will not allow you to prevent them accessing it.