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When husband dies without a will and has joint tenancy with a third party what happens to property?
Wiki User
∙ 15y ago
Any property your husband owns with another as a joint tenant will automatically pass to the surviving joint tenant upon his death. For example, if he and his brother own a cabin as joint tenants the cabin will belong to his brother if your husband dies first.
Wiki User
∙ 15y ago
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What happens if you sell your ex husband's property without his knowledge?
He can sue you in court and you will be required to reimburse him for the value of the property in most cases.
What if the husband and wife are joint tenants and the husband dies without a will then do the stepchildren receieve any proceeds if the house is sold?
No. If the property was held as joint tenants with the right of survivorship then the decedent's interest automatically passed to his wife upon his death. That is the reason for creating a joint tenancy and she is the owner of the property.
What is tenancy of suffrage?
A tenancy at suffrage is another name for a tenancy at will. It means that the tenant is occupying the property with the permission of the owner but without a lease. It is usually used to describe a tenant who continues to occupy the property after a lease has expired and the owner continues to accept the rent payments.
Why would you create a tenancy by the entirety?
A tenancy by the entirety provides the maximum protectionthat can be acquired by deed. A tenancy by the entirety is a joint tenancy reserved for legally married couples that protects the property from being seized and sold by a creditor of one of the parties. The survivorship rights of either party cannot be severed.In most jurisdictions one party cannot sell or mortgage their interest without the consent of the other party. In certain states (Massachusetts and New York are two examples) there is no law against one tenant by the entirety conveying their interest. However, their deed cannot defeat the survivorship interest of the other tenant by the entirety and a peculiar situation is created.Suppose a husband conveyed his interest to his brother. The husband no longer owns the property. The brother is now taking the husband's place in the unseverable survivorship tenancy. If the husband dies, the brother is out of luck and the brother loses his interest in the property. The wife gets it all. If the wife dies the brother gets it all.
What happens to your home if your husband died without ever putting your name on it?
If your husband had a will the property will pass according to the provisions in the will. If he died intestate, the property will pass according to the laws on intestacy in your state. You can find the law for your state at the link below.
When husband dies without a will and his name only is on mortgage although couple has Joint Tenancy with Rights of Survivorship how should wife proceed regarding mortgage?
She should pay the loan, if that's what you're asking, or re-finance in her own name. Otherwise, the lender will foreclose and take the house, regardless of who happens to own it. Just because you give away your ownership of a property with a secured interest, it doesn't effect the right of the lender to repossess the property or its value.
What is a tenancy at will?
In a tenancy at will a tenant occupies property with the consent of the owner and pays rent but without a formal, signed lease agreement. It can be terminated by either party with due notice given to the other party according to the state law requirements, usually thirty days.
In Florida what might happen to your marital home if your husband dies without removing his first wife from the deed and adding the name of his new wife to the deed?
Florida allows married couples to hold real property as Tenancy By The Entirety. That form of ownership is severed when there is a divorce even if the title to the property is not changed. The property then becomes owned under Joint tenants or Tenants-in-Common. It would appear that the property was not partitioned in the divorce and that means that a suviving spouse (2nd wife) could very well find herself without a home, depending upon how the property is titled.
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.
Can wife sell joint property without husband's signature?
No. Your husband cannot sell your interest in jointly owned property without your signature. What he can do with his owninterest in the property depends on the tenancy.If you own as joint tenants with the right of survivorship he can sell or mortgage his half interest but not yours. In that case he would need to find a buyer or banker interested in sharing the property with you as a co-owner.If you own as tenants by the entirety he cannot sell or mortgage his interest in many states. In other states a peculiar arrangement would result if he sold or mortgaged his interest:The bank would take the place of the mortgagor in the tenancy by the entirety. Let's say the husband executed the mortgage and then defaulted. The bank would acquire the husband's interest in the property subject to the wife's interest and to her right of survivorship. The bank and the wife would become co-owners. That means if the husband dies, the wife gets the property free and clear of the bank's interest since the bank is standing in for the husband in the tenancy by the entirety. If the wife dies the bank gets the property free and clear of any other interests. Practically speaking, this is not a profitable position for the bank. A similar situation would occur if the husband conveyed his interest to another person. That person would simply take his place in the tenancy by the entirety with the wife.Some states prohibit one tenant by the entirety from conveying their interest and a mortgage by one may be invalid. You need to speak with an attorney in your state who specializes in real estate law.
Can your husband use your property as collateral if his name is not on the deed?
Your husband cannot use property as collateral if his name is not on the deed without written permission of the property owner. Some lending institutions will not allow this, even if the law does. In some cases, marital property is automatically considered joint property.
Does a will trump a joint tenancy with right of survivorship?
The Joint Tenancy gives the surviving spouse ownership of the house without having to pay inheritance tax and other things. The items in the Will, have to go through Probate and be distributed to the beneficiaries.
