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What happens when the man dies if a couple holds title as husband and wife as joint tenants and they are not legally married so that it is not even her real name as well?
Wiki User
∙ 12y ago
If two people own property as joint tenants with the right if survivorship and one dies the other automatically becomes the sole owner of the property. You do not need to be married and the property bypasses probate.
You would have a more serious problem if you held the property as husband and wife as tenants by the entirety. Only married people can hold as TBE. If the couple isn't married that tenancy would fail and may default to a tenancy in common. In that case, if one dies their interest passes to their heirs at law under the state laws of intestacy (unless they left the property to someone in their will) and their estate must be probated.
You can check the laws of intestacy for your state at the related question link.
If two people own property as joint tenants with the right if survivorship and one dies the other automatically becomes the sole owner of the property. You do not need to be married and the property bypasses probate.
You would have a more serious problem if you held the property as husband and wife as tenants by the entirety. Only married people can hold as TBE. If the couple isn't married that tenancy would fail and may default to a tenancy in common. In that case, if one dies their interest passes to their heirs at law under the state laws of intestacy (unless they left the property to someone in their will) and their estate must be probated.
You can check the laws of intestacy for your state at the related question link.
If two people own property as joint tenants with the right if survivorship and one dies the other automatically becomes the sole owner of the property. You do not need to be married and the property bypasses probate.
You would have a more serious problem if you held the property as husband and wife as tenants by the entirety. Only married people can hold as TBE. If the couple isn't married that tenancy would fail and may default to a tenancy in common. In that case, if one dies their interest passes to their heirs at law under the state laws of intestacy (unless they left the property to someone in their will) and their estate must be probated.
You can check the laws of intestacy for your state at the related question link.
If two people own property as joint tenants with the right if survivorship and one dies the other automatically becomes the sole owner of the property. You do not need to be married and the property bypasses probate.
You would have a more serious problem if you held the property as husband and wife as tenants by the entirety. Only married people can hold as TBE. If the couple isn't married that tenancy would fail and may default to a tenancy in common. In that case, if one dies their interest passes to their heirs at law under the state laws of intestacy (unless they left the property to someone in their will) and their estate must be probated.
You can check the laws of intestacy for your state at the related question link.
Wiki User
∙ 12y ago
Wiki User
∙ 12y agoIf two people own property as joint tenants with the right if survivorship and one dies the other automatically becomes the sole owner of the property. You do not need to be married and the property bypasses probate.
You would have a more serious problem if you held the property as husband and wife as tenants by the entirety. Only married people can hold as TBE. If the couple isn't married that tenancy would fail and may default to a tenancy in common. In that case, if one dies their interest passes to their heirs at law under the state laws of intestacy (unless they left the property to someone in their will) and their estate must be probated.
You can check the laws of intestacy for your state at the related question link.
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Married 7 years and found out husband is still legally married to his first wife who he has not seen in 20 years. He did not know if she was dead or not . What can he do?
You will need to see a judge to have your marriage nullified. He will then need to get a divorce and then you will have to get married legally. There also may be some criminal penalties because it is against the law to be married to two people at the same time. Additionally, you may have some issues with the IRS as you can not file as married if you are not legally allowed to marry.
How do you correctly put the married couple on a quit claim deed as grantee?
The grantees should be recited as 'Marsha A. Hollingsworth and Daniel E. Hollingsworth, wife and husband, as Tenants by the Entirety and not as Tenants in Common.
My husband and I built a cabin after we were married on some land that he owned prior to our marriage who will own this cabin legally after his death his children or myself?
The cabin became part of the real estate when it was constructed on your husband's individually owned land. Unless he specifically grants that property to you in his will his children may inherit an interest with you under the laws of intestacy in your state. In order to protect your interest, if he wants to do that, he should convey that property to you and himself as tenants by the entirety or as joint tenants with the right of survivorship.
How is a wife listed along with her husband as having joint ownership of a property?
A married couple should own real property as tenants by the entirety if that tenancy is available in their state or as joint tenants with the right of survivorship if TBE is not an option.
How is property divided in Louisiana when a couple is not legally married but share a biological child?
When a couple is not legally married they have no statutory rights in the other's estate. Their separate property would pass to the child. Any property held as joint tenants with the right of survivorship would pass to the survivor.
In Arkansas are married couples tenant's in common or tenants by entirety?
tenants by the entirety
How can you file a tenancy by entirety in Indiana?
The owners must be legally married to hold property as tenants by the entirety. You should contact a law office to have the proper documents recorded.
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.
How should the grantee be written for a warranty deed if you have a husband and wife?
example: john smith and Mary smith, husband and wife, as joint tenants with rights of survivorship who reside at ...AnswerIn some jurisdictions a tenancy by the entirety provides married people with the ultimate protection. It is a form of ownership reserved for married people. The property cannot be partitioned or siezed by the creditor of one person. It is the strongest form of survivorship. Neither can sever the survivorship rights of the other. It would be expressed as . . . to Kendra and Timothy O'Connor, husband and wife, as Tenants by the Entirety . . . .
Is there any way a single man can hold title as a Tenant in Entirety?
No. Tenants by the entirety is reserved for legally married people. A sole owner cannot set up any survivorship tenancy with himself.
Are all property deeds in Indiana owned as tenants by the entirety?
No. Tenancy by the entirety is a form of ownership reserved for legally married people. A deed to a wife and husband that is silent as to the intended tenancy is assumed to create a tenancy by the entirety in Indiana. However, it is always preferred to recite the tenancy on the deed.No. Tenancy by the entirety is a form of ownership reserved for legally married people. A deed to a wife and husband that is silent as to the intended tenancy is assumed to create a tenancy by the entirety in Indiana. However, it is always preferred to recite the tenancy on the deed.No. Tenancy by the entirety is a form of ownership reserved for legally married people. A deed to a wife and husband that is silent as to the intended tenancy is assumed to create a tenancy by the entirety in Indiana. However, it is always preferred to recite the tenancy on the deed.No. Tenancy by the entirety is a form of ownership reserved for legally married people. A deed to a wife and husband that is silent as to the intended tenancy is assumed to create a tenancy by the entirety in Indiana. However, it is always preferred to recite the tenancy on the deed.
Could I deed a property to my son without my husband's consent We are joint tenants with survivorship?
Yes. If you own as joint tenants you can convey your interest to your son. He would then own the property as tenants in common with your husband. If you live in a community property state the answer may be different. You should consult with an attorney.
