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If there is a dispute over ownership of property would a state have diversity jurisdiction in personam jurisdiction in rem jurisdiction or no jurisdiction at all?
Diversity jurisdiction is a basis for federal courts to exercise jurisdiction if the parties to a civil cause of action are residents of different states and the amount in controversy is large enough to make use of federal resources practical. A state may legitimately exercise jurisdiction either if it has in rem jurisdiction over the property or in personam jurisdiction over all parties to the dispute.
What else can I help you with?
Is intellectual property a right in rem or right in personam?
Intellectual property is a right in personam: an infringement case would be brought by the rightsholder against the infringer.
Jus in rem et jus in personam?
Jus in rem refers to rights directed towards or enforceable against a specific property, such as ownership or legal interests in a tangible asset. Jus in personam, on the other hand, refers to rights enforceable against a specific person or entity, such as contractual rights or obligations.
How do you record a vested interest on a property deed?
Deeds must be recorded in the land records for your jurisdiction. If you wish to make any changes in ownership you should consult with an attorney in your jurisdiction who can make certain the changes are made according to the laws in your jurisdiction.
Does property automatically go to the closest heir?
No. Property passes by Will or by the laws of intestacy in the jurisdiction where the property is located. You can check the law in your jurisdiction at the related question link.No. Property passes by Will or by the laws of intestacy in the jurisdiction where the property is located. You can check the law in your jurisdiction at the related question link.No. Property passes by Will or by the laws of intestacy in the jurisdiction where the property is located. You can check the law in your jurisdiction at the related question link.No. Property passes by Will or by the laws of intestacy in the jurisdiction where the property is located. You can check the law in your jurisdiction at the related question link.
Do you have to file the deed in the state that the property is located?
Of course. How else will the public be able to determine the ownership of the property. All documents that affect real property must be recorded in the jurisdiction (usually a county or town office) where the land is located or they will have no effect.
Does judgment in rem prevail judgment in person-am?
No, they are different types of relief that can be given by the court. "In rem" refers to the object in dispute, and "in personam" to the litigant. A judgement in rem would be a declaration that a certain person is the owner of the property, but a judgement in personam might be an award of damages to be paid by the defendant for trespass, nuisance or some similar tort. Historically speaking, the ability of English courts of Law to make judgements in rem about certain property while the courts of Equity could make judgements in personam about the owners of the property led to the development of the concept of a Trust.
Is there a right to property?
That depends on the laws in any particular jurisdiction. Some allow private property ownership and some do not. Regardless of a belief in some inherent rights, in reality a citizen is subject to the laws of their particular country.
Can a lien be placed on a house from a bank debt from a tenant?
No. A tenant has no ownership interest in the property and so the property is not available to their creditors.No. A tenant has no ownership interest in the property and so the property is not available to their creditors.No. A tenant has no ownership interest in the property and so the property is not available to their creditors.No. A tenant has no ownership interest in the property and so the property is not available to their creditors.
If you file chapter 7 bankruptcy and are discharged can a creditor later put a judgment against you for a mortgage on property you surrendered to them when you filed the bankruptcy?
No. The creditor can foreclose on the property (and virtually always do) since that is the way they get your name off of the deed and someone else's name on it. And, during this foreclosure, they will list you as a defendant since you are the property owner until the sheriff sale takes place. But, when the judgment is rendered in the foreclosure, it should be an "in rem" judgment, which means against the property only, and not an "in personam" judgment, which means against you personally. If they do get an in personam judgment against you, it is usually a good idea to notify the court and let them know about the bankruptcy so they remove the in personam judgment.
Can your partner have a legal letter of half ownership of house without name on house deeds?
No. Ownership of real property is evidenced by a deed not by a letter.No. Ownership of real property is evidenced by a deed not by a letter.No. Ownership of real property is evidenced by a deed not by a letter.No. Ownership of real property is evidenced by a deed not by a letter.
When were the property ownership qualification for voting abolished?
By 1828 the property ownership qualification for voting had begun to be abolished, but it was not until 1840 that property ownership qualification were completely abolished.
How do you show ownership of property when someone else lives on the property?
Ownership of real property is evidenced by a deed or a probated estate.
