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What is the difference between tenants by the entirety and tenants by the entireties?
The more common usage is Tenants By the Entirety. Your second spelling is also listed in Black's Law Dictionary. They have the same meaning.
If real property is held by husband and wife as tenants by the entireties does a judgment against one attach to the property?
If the title to real property is vested in a entireties estate, a money judgment would only attach if it is against BOTH the husband and the wife UNLESS the judgment is a Federal Tax Lien.
If you are unmarried when you originally purchase real property in both names deed and mortgage and subsequently get married does the property become tenants in entireties?
No. In order to create an entireties estate the parties would need to execute and record a deed from John Doe and Mary Doe, formally known as Mary Maiden Name (assuming Mary changed her name), husband and wife, to John Doe and Mary Doe, husband and wife (in some states, and in others, husband and wife as an estate by the entireties). The deed should have specific language stating that its purpose is to create an estate by the entireties. Until this is done, the property would remain in Joint Tenancy.
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.
Can there be 3 people on an account that is titled 'tenancy by the entireties'?
Yes
IS North Carolina tenancy by the entirety?
Yes, NC is a tenancy by the entireties state.
Is a marriage certificate required by the bank to remove a deceased spouse from the mortgage deed in NJ?
More likely a death certificate. But there is no point to this; in my experience lenders don't normally revise recorded mortgages just to reflect the death of a spouse (when title is held either as tenants by the entireties, or as joint tenants). This is because title vests automatically in the surviving joint tenant by operation of law (at least in Indiana). But perhaps there is some quirk of New Jersey law of which I am unaware.
What does the word tenants mean?
A room or set of rooms forming a separate residence within a house or block of apartments.
How do you protect a bank account from a judgment?
It depends on the laws of your state. What usually happens is the judgment order is served on the bank. The bank puts a hold on the entire account. Then it is decided by the court, which funds will be exempt from the account. The other account holder has to file papers claiming the amount that belongs to them. In a community property state the entire account can be garnished. In some states, (like Florida) marital accounts are considered "entireties" and cannot be attached unless there are joint debtors. In states that do not assume marital accounts are held "by the entireties," you can add those words to the account contract (in the case of bank accounts, usually the signature card or the form opening the account). I just went to my bank and said I wanted to change our joint account to "by the entireties" and the bank told me what to do. Only husbands and wives can hold a joint accounts by the entireties. Generally, debtors cannot seize accounts or other property held by the entireties (including houses) if only one of the account holders owes the debt. I believe ALL non-community property states recognize accounts held by the entireties. As to real property, you only need to deed the property from yourselves as joint tenants to yourselves as joint tenants by the entirety. You need to change the account before you fall behind on any debt or the debtor could use your state fraudulent conveyance/transfer act to void the transfer. There are many defenses to these acts, so check your local law to see if you can protect your property even if you currently behind on a debt. __________________________________________________ Many states determine that a joint account is equally owned by the account holders. Thus, if a husband and wife have a joint account, but husband is a judgment debtor, only 50% of the account funds could be attached by the judgment.
If one spouse has a judgment against them in a different state can the creditor pursue or force the sale of a new york state property that is held by the entireties?
No. A creditor cannot force the sale of property owned as tenants by the entirety. It could record a lien but then would need to wait. If the non-debtor spouse died they could take the property. If the debtor spouse died they would be out of luck.
What are the Kinds of tenants in the Philippines?
There are six types of tenants. These are the following: 1. Cash Tenants- tenants who pay cash as rent in the plot that they work on. 2. Share of produce Tenants- tenants who give a part of their product as rent 3. Rent-free Tenants- tenants who don't pay rent and work for free 4. Cash and Fixed Amount of Produced Tenants- tenants who give cash and a fixed quantity as rent on the people they work as tenants 5. Cash and Share of Produced Tenants- tenants who give cash and a share of their product as rent. 6. I dont remember anymore but I hope this will help.
How do you get all property to the surviving spouse in a common property state?
You should title all property as joint tenants with the right of survivorship or as tenants by the entirety.You should title all property as joint tenants with the right of survivorship or as tenants by the entirety.You should title all property as joint tenants with the right of survivorship or as tenants by the entirety.You should title all property as joint tenants with the right of survivorship or as tenants by the entirety.
