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In general, a wife cannot create a tenancy by the entirety solely by conveying property to her spouse; both spouses must typically acquire the property together, with the intent of creating a joint ownership that includes the right of survivorship. This form of ownership is recognized in some states, and it often requires a joint deed or specific language indicating the intention to create a tenancy by the entirety. It’s important to check state laws, as the requirements can vary.
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Married couple have Florida deed in Fee Simple spouse dies intestate does deceased spouse's child from previous marriage have any claim to interest in home Is Florida default Tenancy in the Entirety?
The default tenancy on a deed to married persons in Florida is tenancy by the entirety.
Is Mississippi a tenants by the entirety state?
No, Mississippi is not a tenants by the entirety state. In Mississippi, property ownership between spouses is typically held as joint tenants with right of survivorship or as tenants in common. Tenancy by the entirety is recognized in some states but is not applicable in Mississippi. This means that each spouse has an equal and undivided interest in the property, but it does not provide the same protections against creditors as tenancy by the entirety.
Can a Tenancy by the entirety has a beneficiary?
No, a tenancy by the entirety cannot have a beneficiary. This form of ownership is exclusively between married couples, where both spouses hold an equal and undivided interest in the property. Upon the death of one spouse, the surviving spouse automatically inherits the deceased spouse's interest, which means there is no need for a beneficiary designation. Any transfer of interest during the owners' lifetimes or upon death typically requires the consent of both spouses.
Is Kansas a tenancy by the entirety state?
Yes, Kansas is a tenancy by the entirety state. This form of ownership is available only to married couples, allowing them to hold property jointly with rights of survivorship. In this arrangement, neither spouse can transfer their interest in the property without the consent of the other. This type of ownership provides certain protections from creditors and ensures that the property automatically passes to the surviving spouse upon death.
If property purchased and deed was 'joint tenants with right of survivorship' doesn't property belong to spouse after the divorce then death of ex-spouse if neither party remarried?
As long as there were no changes made to the tenancy by deed the joint tenancy would remain intact and the title to the property would automatically pass to the survivor. The situation would be different if the property was held by a tenancy by the entirety.
Is Mississippi a tenancy by the entirety state?
Yes. A married couple may hold title to real estate in Mississippi as tenants by the entirety pursuant to the section of the Mississippi Code reproduced below. The tenancy by the entirety must be stated in the deed. § 89-1-7. Estate in two or more persons. All conveyances or devises of land made to two (2) or more persons, including conveyances or devises to husband and wife, shall be construed to create estates in common and not in joint tenancy or entirety, unless it manifestly appears from the tenor of the instrument that it was intended to create an estate in joint tenancy or entirety with the right of survivorship. But an estate in joint tenancy or entirety with right of survivorship may be created by such conveyance from the owner or owners to himself, themselves or others, or to himself, themselves and others. An estate in joint tenancy or entirety with right of survivorship between spouses may be terminated by deed of one spouse to the other without necessity of joinder of the grantee spouse and without regard to whether the property constitutes any part of the homestead of the spouses. Sources: Codes, 1857, ch. 36, art. 18; 1871, § 2301; 1880, § 1197; 1892, § 2441; Laws, 1906, § 2770; Hemingway's 1917, § 2274; Laws, 1930, § 2113; Laws, 1942, § 834; Laws, 1958, ch. 237; Laws, 1993, ch. 395, § 1, eff from and after July 1, 1993.
IN NJ CAN WIFE STILL HAVE A TENANCY IN THE ENTIRETY IF DEED NOT IN HER NAME AND WILL DOES NOT NAME HER?
In New Jersey, a tenancy by the entirety is a form of joint ownership available only to married couples. If the property deed is not in the wife's name, she cannot claim a tenancy by the entirety unless the property was acquired during the marriage and the deed specifies this form of ownership. Additionally, if the will does not name her as a beneficiary, she may not have any claims to the property upon her spouse's death, unless she can assert rights under state law regarding spousal rights or omitted spouse claims. Therefore, her rights will depend on the specifics of the property ownership and applicable laws.
In North Carolina if husband and wife are both on a deed to a home and one dies can the other person sell?
That depends on how they held tenancy. If they held with the right of survivorship then the surviving spouse would own the property. There would be survivorship rights in a tenancy by the entirety or a joint tenancy with the right of survivorship. If they held as tenants in common others may have an interest in the property if the decedent didn't devise their share to the surviving spouse by will.
Can ownership of property as a married couple creating a tenancy by the entirety allow one spouse to enter into rental agreement or leases without the express permission of the other spouse?
Generally, tenancy by the entirety is reserved for couples who are legally married. Very few states endorse common law marriage. Certain states that do have some sort of recognition for common law marriages do not give them full recognition. You need to consult with an attorney in your state to determine the status of that law. You may need to choose a joint tenancy with the right of survivorship in your estate planning.
Can a joint marital bank account be garnished?
Yes. The very rare exception is if the married couple reside in a state that allows the account to be held as Tenancy By The Entirety and only one spouse is the debtor.
What if 2 people are on a mortgage and one moves out of the home in North Carolina?
The names on a mortgage are not what decides ownership, the deed to the house is the determining factor. Married couples generally own a house by Joint Tenancy With Surviviorship Rights, Joint Tenancy or in a few states Tenancy By The Entirety. Even if one spouse leaves the residence he/she does not lose their rights of ownership.
Are joint marital bank accounts in Maryland considered held as Tenancy By The Entirety?
It depends upon how the account was established. The original agreement by the married couple will state if the account is held as Tenancy By The Entirety, Joint Tenancy, or Joint Tenancy With Right of Survivorship. If there is no such designation the state default laws will apply. Although Maryland allows TBE, it is not an automatic defense in protecting a joint marital account. The decision as to whether or not the account can be levied when only one spouse is the judgment debtor is made by the presiding judge.
