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How do you get all property to the surviving spouse in a common property state?
You should title all property as joint tenants with the right of survivorship or as tenants by the entirety.You should title all property as joint tenants with the right of survivorship or as tenants by the entirety.You should title all property as joint tenants with the right of survivorship or as tenants by the entirety.You should title all property as joint tenants with the right of survivorship or as tenants by the entirety.
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.
Joint Tenancy Warranty Deed vs Divorce Decree If a warranty deed is in Joint Tenancy and a divorce decree says its a 60 40 split which document rules?
Ok the property is held in joint tenancy which means upon the death of one of the joint tenants, the property, by operation of law, passes to the survivor. The Divorce Decree (Judgment) does not effect this. Now if a memorandum of the Divorce Decree was recorded it would become a lien on the property and would eventually have to be satisfied from a sale. If both of the joint tenants are alive, the Divorce Decree controls. If one of the joint tenants dies the estate of the deceased joint tenant would have a claim against the surviving joint tenant under the Decree. Tony B.
In Florida what might happen to your marital home if your husband dies without removing his first wife from the deed and adding the name of his new wife to the deed?
Florida allows married couples to hold real property as Tenancy By The Entirety. That form of ownership is severed when there is a divorce even if the title to the property is not changed. The property then becomes owned under Joint tenants or Tenants-in-Common. It would appear that the property was not partitioned in the divorce and that means that a suviving spouse (2nd wife) could very well find herself without a home, depending upon how the property is titled.
What is an vacant property without tenants called?
vacant, without tenants called
Today renting a property is one of the important sources of income for landlords. What are steps for screening tenants before signing a lease or agreement?
While renting your property, you need to ensure that your tenants are qualified for handling or residing in your property. Screening tenants helps you to get qualified tenants and you will get an opportunity to know your tenants better before signing lease or rental agreement.here are steps for screening tenants.
Can tenants remove plants from the rental property?
No, tenants generally cannot remove plants from a rental property without permission from the landlord.
Does Canada allow Tenants by the Entirety?
Which states have Tenants by the Entirety on property? Does New Mexico have it?
What is the difference between Property owner's liability and Tenants liability?
Property owners Liability is the financial , legal liability attaches to property owners due to their property, where as tenants libility vice versa
Can a co owner sell his share with the consent of other?
Yes, as long as the property is not held as tenants by the entirety: a tenancy reserved for married couples.Yes, as long as the property is not held as tenants by the entirety: a tenancy reserved for married couples.Yes, as long as the property is not held as tenants by the entirety: a tenancy reserved for married couples.Yes, as long as the property is not held as tenants by the entirety: a tenancy reserved for married couples.
What are the differences between tenants in common and tenants with rights of survivorship in terms of property ownership and inheritance rights?
Tenants in common own a specific share of the property individually and can pass on their share to their heirs. Tenants with rights of survivorship own the property jointly and if one tenant dies, their share automatically goes to the surviving tenant.
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.
