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Can a student loan collector place a lien on your property if you'r only on the deed as tenants in common with a right of survivorship?
Yes. If you name is on the deed no matter how it is titled then you can have a lien placed on the property for unpaid student loans. The only way to avoid this is to not be in title at all.
This is how this might work:
Bob marries Sally who becomes disabled from a car wreck. The student loan entity denied Sally's disability discharge and the loan is going into default.
In order to purchase a home, Bob sets up a family trust and adds the home to the trust. His adult son is the trustee at Bob's death, but Sally will be able to live in their home until she dies or moves to a nursing facility. This avoids any lien because a)her name is not on the deed and b)her beneficiary rights are only granted at her death and immediately pass to her children (the remaining beneficiaries). The property avoids probate and Sally isn't put on the street.
What else can I help you with?
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.
Do tenants in common have the right of survivorship?
No, tenants in common do not have the right of survivorship. Each tenant in common can pass on their share of the property to their heirs or beneficiaries upon their death.
How do you know if you have right of survivorship on a property you own with a non-spouse?
A right of survivorship must be set forth in the deed by which you acquired your property. If the deed doesn't state you received the property as "joint tenants", or as "joint tenants with the right of survivorship" which is required in some jurisdictions, then you own as tenants in common and have no survivorship rights. If you review your deed and the answer isn't clear you should consult with the attorney who represented you at your closing who can draft a confirmatory deed with survivorship rights if necessary.
What are the differences between tenants in common and rights of survivorship in terms of property ownership?
Tenants in common and rights of survivorship are two ways to co-own property. In tenants in common, each owner has a specific share of the property that can be passed on to their heirs. In rights of survivorship, when one owner dies, their share automatically goes to the surviving owner(s).
How do you find out if you are the survivor on your property deed?
Review your deed and look for any survivorship language after your name in the granting clause. It can be stated:as joint tenants with the right of survivorship, oras tenants by the entiretyReview your deed and look for any survivorship language after your name in the granting clause. It can be stated: as joint tenants with the right of survivorship, oras tenants by the entiretyReview your deed and look for any survivorship language after your name in the granting clause. It can be stated: as joint tenants with the right of survivorship, oras tenants by the entiretyReview your deed and look for any survivorship language after your name in the granting clause. It can be stated: as joint tenants with the right of survivorship, oras tenants by the entirety
What are the differences between tenants in common and tenants with rights of survivorship in terms of property ownership and inheritance rights?
Tenants in common own a specific share of the property individually and can pass on their share to their heirs. Tenants with rights of survivorship own the property jointly and if one tenant dies, their share automatically goes to the surviving tenant.
Does property have to go to probate if one spouse is deceased and the surviving spouse is also listed on the Missouri warranty deed?
It depends on how they took title. The deed by which the couple acquired the property must be a survivorship deed in order to avoid probate. They must have acquired as joint tenants with the right of survivorship or as tenants by the entirety.If they acquired as tenants in common then the decedent's estate must be probated.It depends on how they took title. The deed by which the couple acquired the property must be a survivorship deed in order to avoid probate. They must have acquired as joint tenants with the right of survivorship or as tenants by the entirety.If they acquired as tenants in common then the decedent's estate must be probated.It depends on how they took title. The deed by which the couple acquired the property must be a survivorship deed in order to avoid probate. They must have acquired as joint tenants with the right of survivorship or as tenants by the entirety.If they acquired as tenants in common then the decedent's estate must be probated.It depends on how they took title. The deed by which the couple acquired the property must be a survivorship deed in order to avoid probate. They must have acquired as joint tenants with the right of survivorship or as tenants by the entirety.If they acquired as tenants in common then the decedent's estate must be probated.
What are the advantages of holding property as joint tenants with survivorship rather than as tenants in common?
Holding property as joint tenants with survivorship offers the advantage of automatic transfer of ownership to the surviving joint tenant upon the death of the other owner. This avoids the property going through probate and ensures a smooth transfer of ownership. In contrast, tenants in common do not have automatic rights of survivorship, which can lead to complications and potential disputes over ownership after one owner's death.
What is the difference between right of survivorship and tenants in common in terms of property ownership?
In terms of property ownership, the main difference between right of survivorship and tenants in common is that with right of survivorship, when one owner dies, their share automatically goes to the surviving owner(s). In contrast, with tenants in common, each owner can pass on their share to their chosen heirs or beneficiaries in their will.
How does a deed have to be worded in order to guarantee survivorship of property between two people?
The tenancy must be stated as "joint tenants with the right of survivorship".
What if property is listed as joint tenants with rights of survivorship and there are other living children?
If a property is owned as joint tenants with the right of survivorship and one owner dies the surviving owner automatically becomes the sole owner. The property does not become part of the decedent's estate. That is the purpose of a survivorship deed.Any other living children would have no interest in the property.If a property is owned as joint tenants with the right of survivorship and one owner dies the surviving owner automatically becomes the sole owner. The property does not become part of the decedent's estate. That is the purpose of a survivorship deed.Any other living children would have no interest in the property.If a property is owned as joint tenants with the right of survivorship and one owner dies the surviving owner automatically becomes the sole owner. The property does not become part of the decedent's estate. That is the purpose of a survivorship deed.Any other living children would have no interest in the property.If a property is owned as joint tenants with the right of survivorship and one owner dies the surviving owner automatically becomes the sole owner. The property does not become part of the decedent's estate. That is the purpose of a survivorship deed.Any other living children would have no interest in the property.
What is the difference between rights of survivorship and tenants in common in terms of property ownership?
Rights of survivorship and tenants in common are two ways in which multiple individuals can own property together. With rights of survivorship, if one owner passes away, their share automatically transfers to the surviving owner(s). In contrast, tenants in common each own a specific share of the property, which can be passed on to their heirs or designated beneficiaries upon their death.
