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No. If the property was held as joint tenants with the right of survivorship then the decedent's interest automatically passed to his wife upon his death. That is the reason for creating a joint tenancy and she is the owner of the property.

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15y ago

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Could I deed a property to my son without my husband's consent We are joint tenants with survivorship?

Yes. If you own as joint tenants you can convey your interest to your son. He would then own the property as tenants in common with your husband. If you live in a community property state the answer may be different. You should consult with an attorney.


How do you correctly put the married couple on a quit claim deed as grantee?

The grantees should be recited as 'Marsha A. Hollingsworth and Daniel E. Hollingsworth, wife and husband, as Tenants by the Entirety and not as Tenants in Common.


Do both the husband and wife have to sign the lease agreement?

Yes, typically both the husband and wife must sign the lease agreement if they are both listed as tenants on the lease.


How is a wife listed along with her husband as having joint ownership of a property?

A married couple should own real property as tenants by the entirety if that tenancy is available in their state or as joint tenants with the right of survivorship if TBE is not an option.


If two people own property in Colorado as tenants in common what is the likely outcome of a partition?

If the property cannot be reasonably divided, the court will appoint a commissioner to sell the property. The legal costs and costs of selling the property will be deducted from the proceeds when the property has been sold and the net proceeds will be divided equally amongst the co-owners.


If a house is owned by a husband and wife and only one person owes a debt can a collector place a lien on the home?

If the property is owned by the husband and wife as tenants by the entirety a lien for the debt of one will not affect the property.


Do co-owners in fee simple each own 100 percent of the property or 50 percent each?

Although all classes of co-owners in fee simple may own a fractional interest in the whole property, each co-owner has the right to the use and possession of the whole property. That right to the use and possession of the whole property is what we call an undivided interest. The fractional interest would come into operation as the share of the proceeds if the property was sold or as a percentage of rentals and profits.For example:Suppose Nate and Ryan own a cabin as tenants in common. Each has the right to the use and possession of 100 percent of the property. If the property was sold, each would be entitled to 50 percent of the proceeds. If the property is rented out each would be entitled to half the net proceeds. The same would apply to joint tenants and modern tenants by the entirety.


Do co owners in fee simple each own 100 percent of the property or 50 percent each?

Although all classes of co-owners in fee simple may own a fractional interest in the whole property, each co-owner has the right to the use and possession of the whole property. That right to the use and possession of the whole property is what we call an undivided interest. The fractional interest would come into operation as the share of the proceeds if the property was sold or as a percentage of rentals and profits.For example:Suppose Nate and Ryan own a cabin as tenants in common. Each has the right to the use and possession of 100 percent of the property. If the property was sold, each would be entitled to 50 percent of the proceeds. If the property is rented out each would be entitled to half the net proceeds. The same would apply to joint tenants and modern tenants by the entirety.


What happens after death when mother states her three children splits the house?

They either become tenants in common or they sell the house. Then they would split the proceeds three ways. Or one of the children can buy out the other two children.


If a husband takes a property out of his trust and adds his new wife' s name to the deed do his children have any recourse to get the property away from their father's wife?

No, not if husband titled the property as joint tenants or tenants by the entirety with his wife. The only situation in which he could not make that change would be if he was ordered to hold the property in trust by virtue of some court order or some written agreement.


Who would inherit my home if I die with no will with my husband on the deed and two children not of this marriage?

That would depend on the tenancy recited in the deed to you and your husband. If a joint tenancy or tenancy by the entirety was created in your deed then he would become the sole owner of the property upon your death. He could then make his own will and leave the property to his own relatives when he dies. If there is no tenancy recited on the deed or it provides that you will hold the property as tenants in common then upon your death your interest in the property may be shared by your children and your husband according to the laws of intestacy in your state. Your children may receive nothing depending on the value of the estate. Alternatively, if the property is owned as tenants in common you could leave your half interest to your children in your will with a life estate to your husband. That way he could continue to live on the property and when he decided to sell or if he died your children would receive half of the proceeds of the sale of the property. You should seek the advice of an attorney to discuss your options.


What are the Kinds of tenants in the Philippines?

There are six types of tenants. These are the following: 1. Cash Tenants- tenants who pay cash as rent in the plot that they work on. 2. Share of produce Tenants- tenants who give a part of their product as rent 3. Rent-free Tenants- tenants who don't pay rent and work for free 4. Cash and Fixed Amount of Produced Tenants- tenants who give cash and a fixed quantity as rent on the people they work as tenants 5. Cash and Share of Produced Tenants- tenants who give cash and a share of their product as rent. 6. I dont remember anymore but I hope this will help.