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If two people become joint tenants on a house deed that they inheirit can one borrow against the deed without the other's consent?
No, one can't sell or borrow against the property without the other person signing off on the loan. You can choose to sell the property and split the costs.
If a Joint Tenant has the mortgage in his name and the other joint tenant defaults on his home equity loans what are the legal ramifications to the mortgage holder?
This sounds like a real mess. It sounds like two joint tenants own a piece of property in common with one having the mortgage in his name. The other joint tenant has a piece of property that has a home equity loan about to go into default. In one state the joint tenant with the home equity in default would lose that piece of property. It would not affect the piece of property he or she owned with a different person.
Can an interest of one partner in partnership be transferred to any person without the consent of other partner?
No
If one spouse makes a personal guarantee can creditors seize or force the sale of real estate or investment assets that are held as Joint Tenants With Rights of Survivorship?
Joint tenants own 100% of the total each. If one puts a lean on their part then its only on 50%. If that person dies the other owns the whole 100 % without question. You cannot desolve a joint tenacy unless you sell your half or joint tenent dies. If the leans of the other joint partner is against a joint property and he dies then his half automatically goes to his joint partner and the person putting debt on his 50% is redundant because it is someone else's 100% after death. This person might have to sue the other person for his lean on the joint ownership but he might not win.
If mom and daughter have names on mortgage of Mobile Home and land in Park and one dies is the other liable for their credit card debts Is the property automatically the survivors without fees etc.?
Only the person whose name is on the account is responsible to pay credit card debt, with the exception of married couples living in community property states. In regards to the mobile home, the names on the mortgage are not what constitutes ownership, it is how the property is titled. In order to have real property pass to the joint owner upon the death of the other one, property is usually titled as Joint Tenants With Rights of Survivorship (JTWRS). It is very important that a property title is worded correctly in accordance with the laws of the state, to avoid any legal difficulties.
What is the penalty if a joint homeowner sells with the other owners consent?
"Joint" means just that ... it requires multiple signatures to sell property. Contact a lawyer.
If two people become joint tenants on a house deed that they inheirit can one borrow against the deed without the other's consent?
No, one can't sell or borrow against the property without the other person signing off on the loan. You can choose to sell the property and split the costs.
Is it possible to sell a house without the other person's consent?
No, it is generally not possible to sell a house without the consent of all owners listed on the property title.
Can I refinance a jointly owned home without the consent or signature of the other person who jointly owns the property and is also on the deed?
You can only encumber your own interest in the property. You cannot affect the co-tenant's interest in the property without their consent.
Can a co owner gift a property without the consent of other co owners?
The co-owner can only transfer their own interest in the property. If there are four owners the interest of one would be a one-quarter interest. A co-owner can transfer their own interest in the property without the consent of the others.
In MI Can one spouse buy a property cash without the consent of the other spouse?
With cash of course......Yes... Spousal Consent would be needed if the property was to be purchased by taking out a loan in both spouses names...But there are no laws requiring spousal consent for another spouse to make cash purchases of property...
Can on a jointly owned property be changed without the other owner's signature?
You cannot make any changes to the other owner's interest in the property without that owner's consent and signature. For example, if you sell the property the grantee will only receive your own one-half interest.
Can 1 heir sell property out of five in Ohio?
Yes, in Ohio, if there are multiple heirs to a property, one heir can sell their share without the consent of the other heirs. Each co-owner has the right to sell or transfer their interest in the property without approval from the other co-owners.
Can parent who shares joint legal custody commit their child to a psychiatric hospital without other parent's consent or knowledge?
Shouldn't, but mothers do it anyway.
Can you sell your portion and be out of a joint venture?
Possibly. It depends, in part, upon the structure of the venture. For example, in a partnership, you may need unanimous consent of the other partners before offering your portion outside of the partnership itself. If the joint venture is merely a contractual relationship between two companies, the contract will often prevent either member of the joint venture from disposing of its interest without the consent of the other member.
If you have joint custody of children in Florida can you take children out of state?
You can for short vacations but you cannot remove the children permanently without the consent of the other parent and a modification of court orders.
Can a sibling be forced to sell property in Oregon in one out of two owners want to sell?
Yes, you can sue for sale in partition without consent of the other owners.
