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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?
Wiki User
∙ 14y ago
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.
Wiki User
∙ 14y ago
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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.
Can a survivorship deed serve as proof of ownership of deceased aunt's property?
Yes. If you owned property with your aunt as joint tenants with the right of survivorship then when she died full ownership of the property passed to you automatically with no need of probate.
What does tenancy mean?
Joint tenancy is actually a term involving ownership of property. The two most common legal forms of property ownership involving two or more people are as "joint tenants" or as "tenants in common." Spouses of one another generally take title as joint tenants, because on the death of a joint tenant the surviving joint tenant automatically becomes the owner of the property. If they had been tenants in common, the deceased person's share would have formed part of the deceased person's estate, which might not have been left to the surviving tenant in common.
What is joint tenancy?
Joint tenancy is actually a term involving ownership of property. The two most common legal forms of property ownership involving two or more people are as "joint tenants" or as "tenants in common." Spouses of one another generally take title as joint tenants, because on the death of a joint tenant the surviving joint tenant automatically becomes the owner of the property. If they had been tenants in common, the deceased person's share would have formed part of the deceased person's estate, which might not have been left to the surviving tenant in common.
If real property is held by husband and wife as tenants by the entireties does a judgment against one attach to the property?
In a tenancy by the entireties, property is owned by both spouses collectively. Therefore, if a judgment is entered against one spouse, it typically cannot attach to the property held as tenants by the entireties. This is because creditors generally cannot access property held in this manner to satisfy the debt of one spouse.
Can a joint tenancy be created without tenants in common?
A joint tenancy IS a form of ownership where the owners are NOT tenants in common.
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.
Are your fathers tenants still responsible for payment once he is deceased?
Yes.
What does tenants by the entireties mean?
It means that the two people on the deed are married. The survivor of the two will inherit the property on the death of the other. In some states, it is required that married couples be listed this way on real property.
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.
How can you change registered ownership of a house when a spouse dies?
In England and Wales, provided the house is registered land (i.e. registered at the Land Registry), and it is currently in joint names, it will depend on whether the land is registered as "Joint Tenants" or "Tenants In Common". If it is Tenants In Common, then it will depend on whether the deceased spouse has left their share of the property to the surviving spouse in their will. If so, then the will have to be proven (Probate granted) and an Assent prepared. The Assent is the document signed my the executor of the estate of the dead person that shows the transfer of the deceased's share to the survivor. If it is Joint Tenants, the ownership automatically passes to the survivor, and all that needs to be done is to produce the death certificate to the Land Registry. It is important to get legal advice before doing this, because there may be tax implications that are affected by the precise timing and nature of the change of ownership. It may also not be necessary to register any change if (for example) the house is to be sold fairly quickly.
What should you do if you have jointly owned property with a brother and he dies?
The first step is to determine ownership under the laws of the state where the property is located. Ownership rights are determined by the way the title to the property is titled. If the property is held as Joint Tenancy or Joint Tenants With Rights To Survivorship (JTWRS) the propert passes directly to the other owner(s) and is not subject to probate action; if it is held as Tenants-In-Common the share of the property belonging to the deceased is determined by and subject to probate procedure.
