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How does divorce affect property interest formerly held as tenants by the entirety and what happens when one dies?
A divorce decree generally breaks a tenancy by the entirety and creates a tenancy in common between the parties. In that case when one dies their half interest in the property passes under their will or to their heirs at law under the state laws of intestacy if they had no will. You can check the laws of your state at the related question link provided below.
In your case the interest would pass to the spouse of the decedent or the decedent's children.
What else can I help you with?
Does divorce decree take precedence over original recorded property deed?
Yes. If the couple acquired the property as tenants by the entirety, a survivorship tenancy reserved for married couples, their tenancy would change to a tenancy in common after a divorce.Also, a divorce decree can order one party to transfer property to the other. If they refuse to execute a deed, the divorce decree can serve as the legal transfer in Massachusetts and other states.Yes. If the couple acquired the property as tenants by the entirety, a survivorship tenancy reserved for married couples, their tenancy would change to a tenancy in common after a divorce.Also, a divorce decree can order one party to transfer property to the other. If they refuse to execute a deed, the divorce decree can serve as the legal transfer in Massachusetts and other states.Yes. If the couple acquired the property as tenants by the entirety, a survivorship tenancy reserved for married couples, their tenancy would change to a tenancy in common after a divorce.Also, a divorce decree can order one party to transfer property to the other. If they refuse to execute a deed, the divorce decree can serve as the legal transfer in Massachusetts and other states.Yes. If the couple acquired the property as tenants by the entirety, a survivorship tenancy reserved for married couples, their tenancy would change to a tenancy in common after a divorce.Also, a divorce decree can order one party to transfer property to the other. If they refuse to execute a deed, the divorce decree can serve as the legal transfer in Massachusetts and other states.
Can you give your spouse everything when you divorce?
Yes. You can voluntarily give your interest in marital property to your spouse at the time of the divorce. It must be in writing and drafted by an attorney.
What rights does an ex-wife have to ex-husbands property if she was not in his will or the executor of his will?
The ex-wife has no legal interest in her ex-husband's property unless she was specifically mentioned in his will with an acknowledgment the gift should be given even after a divorce. The divorce severs the legal relationship enjoyed by people who are legally married.The ex-wife has no legal interest in her ex-husband's property unless she was specifically mentioned in his will with an acknowledgment the gift should be given even after a divorce. The divorce severs the legal relationship enjoyed by people who are legally married.The ex-wife has no legal interest in her ex-husband's property unless she was specifically mentioned in his will with an acknowledgment the gift should be given even after a divorce. The divorce severs the legal relationship enjoyed by people who are legally married.The ex-wife has no legal interest in her ex-husband's property unless she was specifically mentioned in his will with an acknowledgment the gift should be given even after a divorce. The divorce severs the legal relationship enjoyed by people who are legally married.
Can you sell your house without your husbands consent you have been divorced for 6 years and you have paid the mortgage?
If your ex-husband has an interest in the property then he must sign the deed. You need to review your divorce decree to determine if there are any provisions that would affect the sale of the property.If your ex-husband has an interest in the property then he must sign the deed. You need to review your divorce decree to determine if there are any provisions that would affect the sale of the property.If your ex-husband has an interest in the property then he must sign the deed. You need to review your divorce decree to determine if there are any provisions that would affect the sale of the property.If your ex-husband has an interest in the property then he must sign the deed. You need to review your divorce decree to determine if there are any provisions that would affect the sale of the property.
A couple who owned property as joint tenants got married and then divorced. Can one convey their share of the property to anyone else?
Yes. A joint tenant can convey their interest in real property and thus break the survivorship rights of the co-tenant. A tenant-by-the-entirety cannot defeat the survivorship rights of the co-tenant. In most jurisdictions, a divorce would automatically convert a T by E to a tenancy in common.
Can a lien be placed against a property which is in tenancy of the entirety but the judgment is against the husband only?
No. If the property has always been in wife's name then it cannot be encumbered by a creditor of the husband. However, if the property was recently transferred by the husband and wife to the wife then the creditor may claim the transfer was a fraudulent conveyance and lacking any or significant consideration was made for the purposes of protecting the property from a creditor. A fraudulent conveyance will not protect the property from the husband's debt and may cause further problems.
What judgment changes tenancy in entirety to tenancy in common?
A judgment of divorce.
If divorced what happens to the survivor deed?
It does not void the deed in its entirety. A divorce voids the survivorship factor in a tenancy by the entirety because only married people can hold property as TBE. In most states the TBE would default to a tenancy in common but state laws vary and you would need to check your state laws. It does not void survivorship in a joint tenancy with the right of survivorship since unmarried people can hold property as JTWROS.It does not void the deed in its entirety. A divorce voids the survivorship factor in a tenancy by the entirety because only married people can hold property as TBE. In most states the TBE would default to a tenancy in common but state laws vary and you would need to check your state laws. It does not void survivorship in a joint tenancy with the right of survivorship since unmarried people can hold property as JTWROS.It does not void the deed in its entirety. A divorce voids the survivorship factor in a tenancy by the entirety because only married people can hold property as TBE. In most states the TBE would default to a tenancy in common but state laws vary and you would need to check your state laws. It does not void survivorship in a joint tenancy with the right of survivorship since unmarried people can hold property as JTWROS.It does not void the deed in its entirety. A divorce voids the survivorship factor in a tenancy by the entirety because only married people can hold property as TBE. In most states the TBE would default to a tenancy in common but state laws vary and you would need to check your state laws. It does not void survivorship in a joint tenancy with the right of survivorship since unmarried people can hold property as JTWROS.
Can a judge force my ex to sell the house because in our divorce decree it states she is responsible for all mortgage payments she hasn't paid in 12 months what else can the judge do?
You haven't included enough detail such as whether you have any interest in the property- who owns it? You need to consult with the attorney who represented you in the divorce who can review the situation and answer your question.You haven't included enough detail such as whether you have any interest in the property- who owns it? You need to consult with the attorney who represented you in the divorce who can review the situation and answer your question.You haven't included enough detail such as whether you have any interest in the property- who owns it? You need to consult with the attorney who represented you in the divorce who can review the situation and answer your question.You haven't included enough detail such as whether you have any interest in the property- who owns it? You need to consult with the attorney who represented you in the divorce who can review the situation and answer your question.
Is community property acquired after you file for divorce still community property?
No, after divorce what property you obtain is yours. If you come into a marriage with property that is yours as well when you divorce.
Does the wife have rights to the property if she leaves the property?
If she is on the deed- yes. If it is marital property- yes. In a community property state- yes. A person doesn't lose their rights or interest in real estate by leaving. Divorce may change the status.
What happens if husband wants to sell his share of the property which he shares equally with wife before divorce?
He should consult with his attorney. Some states place an automatic restraining order on any property transfers during a divorce action. Some states place restrictions on selling one owner's interest in property held by married couples.He should consult with his attorney. Some states place an automatic restraining order on any property transfers during a divorce action. Some states place restrictions on selling one owner's interest in property held by married couples.He should consult with his attorney. Some states place an automatic restraining order on any property transfers during a divorce action. Some states place restrictions on selling one owner's interest in property held by married couples.He should consult with his attorney. Some states place an automatic restraining order on any property transfers during a divorce action. Some states place restrictions on selling one owner's interest in property held by married couples.
