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4. Owelty of Partition Lien
Owelty of partition liens arise when there is an unequal division of co-tenancy property. For example, an unequal division of the homestead may arise in a divorce where the land on which the family home is situated is larger than the remaining portion of the land. Naturally, the house cannot be cut in half, so in such a scenario, the land may be partitioned unequally to keep the house intact. Without the unequal partition in such a case, the entire land would need to be sold and the proceeds divided up equally. Upon an unequal division, the co-tenant with the lesser valued portion of property is entitled to a lien against the other co-tenant for the difference in value received. Homesteads are not exempt from owelty of partition liens. Tex. Const. art. XVI, § 50(a)(3); Prop. Code § 41.001(b)(4).
The answer to your question is that a lien against the property exists under the legal principal set forth in the section above. The lien must be paid when the property is sold or refinanced.
What else can I help you with?
What is an owelty lien?
After an unequal division of real property by a court, such as by a partition or divorce decree, sometimes a sum of money is paid to one of the parties to achieve equality. That sum of money is called owelty. A lien for that sum could be created by a court. That would be called an owelty lien.
What is an owelty deed?
An owelty deed is a somewhat complicated creature in property law in some jurisdictions. See related link for more information about owelty deeds in Texas.An owelty deed is a somewhat complicated creature in property law in some jurisdictions. See related link for more information about owelty deeds in Texas.An owelty deed is a somewhat complicated creature in property law in some jurisdictions. See related link for more information about owelty deeds in Texas.An owelty deed is a somewhat complicated creature in property law in some jurisdictions. See related link for more information about owelty deeds in Texas.
How can you found out if your property has an owelty lien?
After an unequal division of real property by a court, such as by a partition or divorce decree, sometimes a sum of money is paid to one of the parties to achieve equality. That sum of money is called owelty. A lien for that sum could be created by a court. That would be called an owelty lien. In order to affect real property the owelty lien must be recorded in the land records. In some jurisdictions the lien could be created in the divorce decree or partition decree so the probate and family court case file should be reviewed in addition to the land records.If you suspect there is a lien you should consult with an attorney in your area who specializes in real property law. They could arrange a quick title examination to determine if such a lien exists and they can arrange for a valid release.After an unequal division of real property by a court, such as by a partition or divorce decree, sometimes a sum of money is paid to one of the parties to achieve equality. That sum of money is called owelty. A lien for that sum could be created by a court. That would be called an owelty lien. In order to affect real property the owelty lien must be recorded in the land records. In some jurisdictions the lien could be created in the divorce decree or partition decree so the probate and family court case file should be reviewed in addition to the land records.If you suspect there is a lien you should consult with an attorney in your area who specializes in real property law. They could arrange a quick title examination to determine if such a lien exists and they can arrange for a valid release.After an unequal division of real property by a court, such as by a partition or divorce decree, sometimes a sum of money is paid to one of the parties to achieve equality. That sum of money is called owelty. A lien for that sum could be created by a court. That would be called an owelty lien. In order to affect real property the owelty lien must be recorded in the land records. In some jurisdictions the lien could be created in the divorce decree or partition decree so the probate and family court case file should be reviewed in addition to the land records.If you suspect there is a lien you should consult with an attorney in your area who specializes in real property law. They could arrange a quick title examination to determine if such a lien exists and they can arrange for a valid release.After an unequal division of real property by a court, such as by a partition or divorce decree, sometimes a sum of money is paid to one of the parties to achieve equality. That sum of money is called owelty. A lien for that sum could be created by a court. That would be called an owelty lien. In order to affect real property the owelty lien must be recorded in the land records. In some jurisdictions the lien could be created in the divorce decree or partition decree so the probate and family court case file should be reviewed in addition to the land records.If you suspect there is a lien you should consult with an attorney in your area who specializes in real property law. They could arrange a quick title examination to determine if such a lien exists and they can arrange for a valid release.
Does Virginia recognize owelty liens?
Probably not. But, you don't really need one most likely as a Warranty Deed or even a Special Warranty Deed with a Vendor's Lien will accomplish the same purpose. If you are getting divorced and trying to pay the ex spouse their equity, check with the title agent. Then, your mortgage broker needs to understand the transaction and coordinate with the title agent so that the vendor's lien will be paid (rolled in) properly.
What are some six letter words with 3rd letter E and 4th letter L and 5th letter T and 6th letter Y?
According to SOWPODS (the combination of Scrabble dictionaries used around the world) there are 2 words with the pattern --ELTY. That is, six letter words with 3rd letter E and 4th letter L and 5th letter T and 6th letter Y. In alphabetical order, they are: owelty shelty
What are some six letter words with 1st letter O and 3rd letter E and 5th letter T and 6th letter Y?
According to SOWPODS (the combination of Scrabble dictionaries used around the world) there are 1 words with the pattern O-E-TY. That is, six letter words with 1st letter O and 3rd letter E and 5th letter T and 6th letter Y. In alphabetical order, they are: owelty
What are some six letter words with 2nd letter W and 3rd letter E and 5th letter T and 6th letter Y?
According to SOWPODS (the combination of Scrabble dictionaries used around the world) there are 5 words with the pattern -WE-TY. That is, six letter words with 2nd letter W and 3rd letter E and 5th letter T and 6th letter Y. In alphabetical order, they are: owelty qwerty sweaty sweety twenty
Words Starting with Y and ending with O?
ornery, occamy, occupy, ochery, ochrey, oddity, offkey, oilery, oilily, oilway, omnify, oniony, oogamy, oogeny, oology, orally, orbity, orfray, orrery, osiery, osprey, ostomy, otalgy, oughly, outbuy, outcry, outfly, outlay, outsay, ovally, overby, overly, owelty, owerby, owlery, ochimy, ochymy
Can the spouse who receives the home in the divorce settlement force their ex to sign a quitclaim deed to the property?
If the spouse is awarded the property in the Divorce Decree and it is referenced by the proper legal description, that should suffice and any title company would insure the property as belonging to the awarded party. In the State of Texas, a Quit Claim Deed is NOT a method of conveyance of real property, it is however a method for one to "quit their claim" on property and is used widely for that purpose. Some attorneys will make a Deed part of the divorce proceedings to be sure the document is executed and can be recorded, some attorneys just don't do this extra step. It would be best to have a Warranty Deed signed instead as that is the proper method of conveyance and will cover most any question that may arise on a Title Search. In the case of one party must pay the other party half or part of the value of the property to be sole owner, and Owelty Deed would be signed. It is a common mis-conception that a Quit Claim Deed (often called a Quick Claim Deed) is quicker and cheaper when in fact they cost the same to prepare, and usually the same to record as recording charges are calculated by the number of pages of the document. I didn't not "sign in" to answer this question, but my email address is debisuzi6658@yahoo.com.
What are some six letter words with 3rd letter E and 6th letter Y?
According to SOWPODS (the combination of Scrabble dictionaries used around the world) there are 166 words with the pattern --E--Y. That is, six letter words with 3rd letter E and 6th letter Y. In alphabetical order, they are: agedly agency anergy anerly apepsy aseity aweary azerty beechy bieldy bleaky bleary blebby blenny bready breezy brekky cheapy checky cheeky cheery cheesy chemmy chequy cherry cherty chesty clecky clergy creaky creamy creasy creeky creepy crepey cressy deejay deeply dreamy dreary drecky dreggy dressy dweeby egency energy evenly exequy feebly flecky fledgy fleecy fleshy fleury freaky freely freety freity frenzy fretty gleamy gleety glegly greasy greedy greeny gremmy greyly keenly leeway liefly meekly meetly needly openly overby overly owelty owerby paeony plebby plenty poetry prebuy predry preggy prepay preppy pretty queasy queazy queeny qwerty reechy reesty rheumy seemly sheafy sheeny sheepy sheety shelfy shelly shelty shelvy sherry skeary skeely skeery skelly skerry sleazy sleeky sleepy sleety sleezy smeary smelly sneaky sneery sneezy snelly speary speccy specky speedy spendy steady steamy steddy steedy steely steepy steery stemmy suetty sweaty sweeny sweepy sweety teensy teenty theory treaty trebly trendy tressy tweaky tweedy tweely tweeny twenty twerpy uberty uneasy veejay viewly weekly weensy wheaty wheely wheezy whelky wherry wheyey wieldy
What are some six letter words with 3rd letter E?
According to SOWPODS (the combination of Scrabble dictionaries used around the world) there are 1385 words with the pattern --E---. That is, six letter words with 3rd letter E. In alphabetical order, they are: abears abeigh abeles abelia acedia acetal acetic acetin acetum acetyl adeems adenyl adepts afeard afears agedly ageing ageism ageist agency agenda agenes agents akeake akedah akelas akenes alecks alegar alegge alephs alerce alerts alevin alexia alexic alexin aleyed aleyes amebae ameban amebas amebic ameers amelia amende amends amened amenta aments amerce anears aneath aneled aneles anemia anemic anenst anergy anerly anetic apedom apeman apemen apepsy apercu apexes areach areads arecas aredes arenas arenes areola areole arepas aretes aretts aseity atelic avenge avenir avenue averse averts aweary aweigh aweing awetos axeman axemen axenic azerty baetyl beebee beechy beefed beegah beenah beento beeped beeper beeted beetle beeves beezer bields bieldy bleach bleaks bleaky blears bleary bleats blebby bleeds bleeps blench blende blends blenny blerts breach breads bready breaks breams breare breast breath breded bredes bredie breech breeds breeks breers breese breest breeze breezy bregma brehon breids breist brekky brenne brents breres breton breves brevet brevis brewed brewer brewis breyed byelaw caecal caecum caeoma caesar cheapo cheaps cheapy cheats chebec checks checky cheder cheeks cheeky cheeps cheero cheers cheery cheese cheesy chefed chegoe chekas chelae chelas chelps chemic chemmy chemos chenar chenet chenix cheque chequy cherry cherts cherty cherub cherup chesil chests chesty chetah cheths cheval cheven chevet chevin chevre chewed chewer chewet chewie cieled cierge cleans clears cleats cleave cleche clecks clecky cleeks cleeps cleeve clefts cleiks clench cleome cleped clepes clergy cleric clerid clerks cleuch cleugh clever cleves clevis clewed cnemis coedit coelom coempt coerce coeval creach creagh creaks creaky creams creamy creant crease creasy create creche credal credit credos creeds creeks creeky creels creeps creepy creese creesh cremes cremor crenas crenel creole creped crepes crepey crepon cresol cressy cresta crests cresyl cretic cretin crewed crewel crewes ctenes cueing cueist cuesta cyeses cyesis daedal daeing daemon deeded deeder deeing deejay deemed deepen deeper deepie deeply deeved deeves deewan diedre dieing dienes dieoff diesel dieses diesis dieted dieter djebel djembe dreads dreams dreamt dreamy dreare drears dreary drecks drecky dredge dreggy dreich dreidl dreigh drench dreres dressy dueful dueled dueler duelli duello duende duenna dueted duetti duetto duetts dweebs dweeby dwells dyeing dzeren ecesic ecesis edemas edenic egence egency egesta egests ejecta ejects elects elegit elemis elench eleven elevon emeers emends emerge emerod emeses emesis emetic emetin emeute enemas energy enerve enewed epeira eperdu erects eremic erenow eterne evejar evened evener evenly events everts exeats exedra exeems exemed exemes exempt exequy exerts exeunt eyebar eyecup eyeful eyeing eyelet eyelid faecal faeces faenas faerie feeble feebly feeder feeing feeler feered feerie feerin feesed feeses feezed feezes fields fiends fients fierce fieres fiesta fjelds fleams fleche flecks flecky fledge fledgy fleece fleech fleecy fleers fleets flemes flemit flench flense fleshy fletch fleury flewed flexed flexes flexor flexos fleyed foehns foeman foemen foetal foetid foetor foetus freaks freaky freely freers freest freets freety freeze freits freity fremds fremit french frenne frenum frenzy freons freres fresco fretty fueled fueler fueros gaeing geebag geegaw geeing geeked geests geezah geezer gherao ghesse ghetto gieing gleams gleamy gleans gleave glebae glebes gledes gledge gleeds gleeks gleets gleety glegly glents gleyed gneiss goetic grease greasy greats greave grebes greces greebo greece greeds greedy greens greeny greese greete greets gregos greige greins gremmy greses greves grewed grexes greyed greyer greyly guenon guests gweduc gyelds haeing haemal haemic haemin haeres heeded heeder heehaw heeled heeler heezed heezes heezie hieing hiemal hoeing hyeing hyenas hyenic hyetal iberis ibexes icebox icecap iceman icemen ideaed ideals ideata ideate idents ilexes inerts ipecac ireful irenic itemed iterum jaeger jeeing jeeled jeelie jeeped jeered jeerer kaeing keeked keeker keeled keeler keelie keened keener keenly keenos keeper keeves khedah khedas kheths kiekie kierie kieves klepht klepto kletts kneads kneels knells kreeps kreese krengs krewes kvells kvetch kwelas laered laesie leears leeing leeped leered leeses leetle leeway lieder liefer liefly lieger lieges lienal lierne liever loerie luetic maelid maenad meeken meeker meekly meemie meered meeter meetly mielie mieved mieves mnemes mnemic mnemon moered muesli myelin myelon naeves naevus needed needer needle needly neelds neeles neembs neesed neeses neezed neezes nieces nielli niello nieves noeses noesis noetic obeahs obeche obeism obelia obelus obento obeser obeyed obeyer oceans ocelli ocelot odeons odeums oleate olefin oleine oleins oleums omegas omelet omened omenta omerta oneyer oneyre opened opener openly opepes operas operon oreads oreide orexis osetra ovened overby overdo overed overgo overly owelty owerby oxeyes oyeses oyezes ozekis paeans paella paeons paeony paesan peeces peeing peeked peeled peeler peened peenge peeoys peeped peeper peepes peepul peered peerie peeved peever peeves peewee peewit pheere pheers pheese pheeze phenes phenic phenix phenol phenom phenyl pheons phesed pheses pieced piecen piecer pieces pieing pieman piemen piends pierce pierid pieris pierst pierts pietas pleach pleads pleaed please pleats plebby plebes pledge pleiad plench plenty plenum pleons pleuch pleugh pleura plexal plexes plexor plexus pneuma poepol poetic poetry preace preach preact preamp prearm prease prebid prebuy precis precut predry preens preeve prefab prefer prefix preggy preife preifs prelaw prelim preman premed premen premia premie premix prents prenup preops prepay preppy preses preset presto prests pretax pretor pretty preved preves prevue prewar prewyn prexes preyed preyer prezes pseudo pseuds pteria pterin pueblo puered pyeing pyemia pyemic queach queans queasy queazy queens queeny queers queest queint quelch quelea quells quemed quemes quenas quench querns quests quetch quethe queued queuer queues queyns quezal qwerty reearn reebok reecho reechy reeded reeden reeder reedes reedit reefed reefer reeked reeker reekie reeled reeler reemit reests reesty reeved reeves rhebok rhemes rhesus rhetor rheums rheumy rhexes rhexis riever rieves roemer rueful rueing ruelle saeter sceatt scenas scends scened scenes scenic scents scerne sdeign sdeins seeded seeder seeing seeker seeled seelie seemed seemer seemly seeped seesaw seethe sheafs sheafy sheals shears sheath sheave sheels sheens sheeny sheepo sheepy sheers sheesh sheets sheety sheeve sheikh sheiks sheila shekel shelfs shelfy shells shelly shelta shelty shelve shelvy shends sheols sheqel sherds sheria sherif sherpa sherry sheuch sheugh shevas shewed shewel shewer siecle sieged sieger sieges sienna sients sierra siesta sieths sieurs sieved sieves skeane skeans skears skeary skeely skeens skeers skeery skeets skeggs skeigh skeins skelfs skells skelly skelms skelps skelum skenes skerry sketch skewed skewer sleave sleaze sleazo sleazy sleded sledge sleech sleeks sleeky sleeps sleepy sleest sleets sleety sleeve sleezy sleigh sleuth slewed smears smeary smeath smeech smeeks smeeth smegma smells smelly smelts smerks smeuse sneads sneaks sneaky sneaps sneath snebbe snecks sneers sneery sneesh sneeze sneezy snells snelly soever speaks speals speans spears speary speats speccy specie specks specky speech speedo speeds speedy speels speers speils speirs speise speiss spelds spelks spells spelts speltz spence spends spendy spense sperms sperre sperse sperst spetch speugs spewed spewer steads steady steaks steale steals stealt steams steamy steane steans steard steare stears stedde stedds steddy steded stedes steeds steedy steeks steeld steels steely steems steens steeps steepy steers steery steeve steils steins stelae stelai stelar steles stelic stella stells stemed stemes stemma stemme stemmy stench stends stenos stents steppe stereo steres steric sterna sterns sterol sterve steven stewed stewer steyer sueded suedes suetty svelte sweals sweard swears sweats sweaty swedes sweels sweeny sweeps sweepy sweers sweert sweets sweety sweirs sweirt swells swelts swerfs swerve sweven sweyed syeing taeing taenia teeing teemed teemer teends teened teener teenes teensy teenty teepee teered teeter teethe theave thebes thecae thecal theeks thefts thegns theics theine theins theirs theism theist themed themes thenal thenar thence theory theows theres therme therms theses thesis thesps thetas thetch thetes thetic thewed thewes tieing tiepin tierce tiered tierod tietac tmeses tmesis toebie toecap toeier toeing toerag toetoe treads treats treaty treble trebly trecks treens trefah treifa tremas tremie tremor trench trends trendy trepan trepid tressy trests trevet trevis trezes tsetse tweaks tweaky tweeds tweedy tweels tweely tweens tweeny tweers tweest tweets tweeze twelve twenty twerps twerpy tyeing tzetse tzetze uberty ulemas ulexes unease uneasy uneath unedge uneven uneyed upends urease uredia uredos ureide uremia uremic urenas ureses uresis ureter uretic useful uterus uveous veejay veenas veepee veered vielle viewed viewer viewly voemas waeful weeded weeder weeing weekes weekly weened weenie weensy weeper weepie weeted weeten weeter weever weevil weewee wheals wheare wheats wheaty wheech wheels wheely wheens wheeps wheesh wheeze wheezy whefts whelks whelky whelms whelps whenas whence whenua whenwe wheres wherry wherve wheugh whewed wheyey wields wieldy wiener wienie woeful wreaks wreath wrecks wrench wrests wretch wrethe yeelin yields zoecia zoetic
