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The terminology you are considering may not be entirely accurate. A "deed in trust" typically refers to a trust arrangement rather than a property deed. If you want to add a child as a joint tenant with rights of survivorship, you should use "joint tenancy" or "joint tenants with right of survivorship" in the deed, ensuring that all parties are clearly identified. It's advisable to consult with a legal professional to ensure proper phrasing and compliance with local laws.
What else can I help you with?
Is Utah a tenants by the entirety state?
Yes. Tenancy by the entirety is recognized in Utah. See related link.
Why would you create a tenancy by the entirety?
A tenancy by the entirety provides the maximum protectionthat can be acquired by deed. A tenancy by the entirety is a joint tenancy reserved for legally married couples that protects the property from being seized and sold by a creditor of one of the parties. The survivorship rights of either party cannot be severed.In most jurisdictions one party cannot sell or mortgage their interest without the consent of the other party. In certain states (Massachusetts and New York are two examples) there is no law against one tenant by the entirety conveying their interest. However, their deed cannot defeat the survivorship interest of the other tenant by the entirety and a peculiar situation is created.Suppose a husband conveyed his interest to his brother. The husband no longer owns the property. The brother is now taking the husband's place in the unseverable survivorship tenancy. If the husband dies, the brother is out of luck and the brother loses his interest in the property. The wife gets it all. If the wife dies the brother gets it all.
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.
What does single- as tenants in common with full rights of survivorship mean?
That phrase means nothing. It is a jumble of legal terms. A tenancy in common carries no rights of survivorship. A right of survivorship must be established by a joint tenancy or a tenancy by the entirety. Deeds should always be drafted by a professional.
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.
Does tenancy by the entirety have to have the husband and wife on the deed in North Carolina?
Yes. Tenancy by the entirety is reserved for legally married couples.
Is mt a tenants by entirety state?
Montana is not a tenancy by the entirety state. In Montana, property can be held in several forms, including joint tenancy and tenancy in common, but tenancy by the entirety, which is typically reserved for married couples, is not recognized. Couples in Montana may choose to hold property as joint tenants with rights of survivorship instead.
When there is a surviorship deed can one party gift deed their share to someone else?
An owner in a joint tenancy can transfer their interest by a deed, recorded in the land records, while they are living. That deed will break the survivorship tenancy.A person who owns as a tenant by the entirety cannot sever the survivorship rights of the other tenant by the entirety.An owner in a joint tenancy can transfer their interest by a deed, recorded in the land records, while they are living. That deed will break the survivorship tenancy.A person who owns as a tenant by the entirety cannot sever the survivorship rights of the other tenant by the entirety.An owner in a joint tenancy can transfer their interest by a deed, recorded in the land records, while they are living. That deed will break the survivorship tenancy.A person who owns as a tenant by the entirety cannot sever the survivorship rights of the other tenant by the entirety.An owner in a joint tenancy can transfer their interest by a deed, recorded in the land records, while they are living. That deed will break the survivorship tenancy.A person who owns as a tenant by the entirety cannot sever the survivorship rights of the other tenant by the entirety.
Is Wyoming tenancy by entirety state?
No, Wyoming is not a tenancy by the entirety state. In Wyoming, property ownership can be held as joint tenants with rights of survivorship or as tenants in common, but the law does not recognize tenancy by the entirety, which is a form of joint ownership typically available only to married couples in some states. Therefore, married couples in Wyoming may need to utilize other forms of property ownership for estate planning and survivorship purposes.
Are all property deeds in Indiana owned as tenants by the entirety?
No. Tenancy by the entirety is a form of ownership reserved for legally married people. A deed to a wife and husband that is silent as to the intended tenancy is assumed to create a tenancy by the entirety in Indiana. However, it is always preferred to recite the tenancy on the deed.No. Tenancy by the entirety is a form of ownership reserved for legally married people. A deed to a wife and husband that is silent as to the intended tenancy is assumed to create a tenancy by the entirety in Indiana. However, it is always preferred to recite the tenancy on the deed.No. Tenancy by the entirety is a form of ownership reserved for legally married people. A deed to a wife and husband that is silent as to the intended tenancy is assumed to create a tenancy by the entirety in Indiana. However, it is always preferred to recite the tenancy on the deed.No. Tenancy by the entirety is a form of ownership reserved for legally married people. A deed to a wife and husband that is silent as to the intended tenancy is assumed to create a tenancy by the entirety in Indiana. However, it is always preferred to recite the tenancy on the deed.
How should the grantee be written for a warranty deed if you have a husband and wife?
example: john smith and Mary smith, husband and wife, as joint tenants with rights of survivorship who reside at ...AnswerIn some jurisdictions a tenancy by the entirety provides married people with the ultimate protection. It is a form of ownership reserved for married people. The property cannot be partitioned or siezed by the creditor of one person. It is the strongest form of survivorship. Neither can sever the survivorship rights of the other. It would be expressed as . . . to Kendra and Timothy O'Connor, husband and wife, as Tenants by the Entirety . . . .
What does tenancy by the entirety mean in Florida?
Generally, and in Florida, a tenancy by the entirety is a special joint tenancy reserved for legally married people. They own the property with the unseverable common law right of survivorship. If one dies, the other automatically owns the property. With a general joint tenancy with the right of survivorship the tenancy can be broken by one of the parties and it will transform into a tenancy in common. The right of survivorship within a tenancy by the entirety cannot be severed by one of the parties. One may not sue the other to Partition the property. A creditor of one may not claim the property or the proceeds of sale. In Florida, the signature of both spouses is needed to sell the property and one cannot sell their interest alone. Both are required to sign a mortgage or any other type of contract.
