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Deeds and Ownership

Ownership of real property is one of the most valuable legal rights. The method of documenting and transferring this ownership gives rise to the questions in this category.

5,025 Questions

How will you know if a lien has been put on your property?

If you haven't been notified of a tax lien, you can go to your municipal or county recorder of deeds and search the index to determine if a tax lien has been recorded against you. The staff will assist you.

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.

What does property ownership as tenants in common mean?

Tenancy in common is a legal term that denotes the simultaneous or concurrent ownership of a property this is usually including two people but can be more for a larger house share option. It is usually set in place through the use of a deed or will and is seen as a firm operation of the law to avoid any unpleasant outcomes should the situation break down.

How can you remove my deceased mother's name from the house deed?

You can't "remove" a name from a deed. What you do it record a new deed that terminates the rights of the previously named owner(s). In this case, the executor might issue the heirs a deed in the names of those who inherited the house, and record it along with a copy of the death certificate and power of administration. In other states you might simply get the power of sale from the executor, sell the property to someone else, and have the executor (or attorney) sign the new deed to the new owners, again with records (as necessary) for the death certificate and probate, if any. If the house was in joint tenancy, the remaining tenant might simply file a new deed to him- or her-self, along with the death cert and probate references. This would make it simpler for him/her to transfer it later, or for his or her estate to deal with fewer issues some day.

What kind of real estate ownership is an easement?

An easement is a right of one owner of land to make beneficial and lawful use of the land of another owner. Most easements are created by a deed or written agreement and some are created by operation of law. Most easements run with the land and pass to subsequent owners. Some are extinguished by the death of the owner or when that owner transfers the property to a new owner. An easement is a right in another person's property. It is not a fee interest. An easement is an appurtenance to the land it benefits. How long it lasts sometimes depends on the language that created it. If you have a right of way over Harry's land to reach your own and it's your only means of access then it will last forever as a benefit to your land. However, you can't sell that right to another neighboring landowner. Further, all you can do with the right of way is use it for access, you can't fence it in or park your cars on it or install a gate across the entrance unless those additional rights were granted in the original deed of easement.

What is the legal form of ownership?

  • Sole Proprietorships
  • Partnerships
  • Corporations
  • Limited Liability Companies (LLC)
  • Subchapter S Corporations (S Corporations)

How do you sever a joint tenancy?

A joint tenancy between two people can be severed by either party executing a deed of their interest to another grantee. If they wish to retain their interest in the property but simply sever the tenancy, their grantee can immediately convey the property back and the new tenancy between the original owners will be a tenancy in common. That procedure is called a straw deed.

What is a Guardian Deed?

A guardianship deed means the owner of the real estate was/is the ward of a court appointed guardian. When any buyer accepts a deed from a guardian they must make certain the guardian was appointed by a court of jurisdiction, that they are the current guardian and that they had a license from the court where the land lies to sell the real estate. If all three factors are not present then their deed will be null and void.

How can you find evidence that a property is held in trust?

You check the property in the land records office to determine the identity of the present owner. You could also try checking the local tax assessor's records for the present owner.

You check the property in the land records office to determine the identity of the present owner. You could also try checking the local tax assessor's records for the present owner.

You check the property in the land records office to determine the identity of the present owner. You could also try checking the local tax assessor's records for the present owner.

You check the property in the land records office to determine the identity of the present owner. You could also try checking the local tax assessor's records for the present owner.

What is a release of lis pendens?

Lis pendens is the Latin term meaning "suit pending." A lis pendens is a notice filed in the office of land records by the plaintiff that the ownership of real property is the subject of a legal controversy. Anyone who purchases the property takes it subject to any claims asserted in the action. This notice secures a plaintiff's claim on the property so that the sale, mortgage, or encumbrance of the property will not diminish plaintiff's rights to the property, should plaintiff prevail in its case. For a discussion of lis pendens see the link provided below.

In Indiana does a common law wife have any rights to property that is in her husbands name?

No. There is no common law marriage in the state of Indiana. An unmarried partner has no legal interest in their partner's property.

Can you put your husband out if your name is not on the deed to the house?

If your circumstances are bad enough you can obtain a court order for him to vacate the premises. It is up to a judge to decide. You need to contact a private attorney or social services agency that can review your situation and determine what your options are. If you and your spouse are simply not getting along then you should speak to an attorney about filing for divorce.

Can ex sell home your name is on deed?

He/she cannot sell your interest. You would need to sign the deed in order to convey your interest in the property to a new owner. A person cannot sell what they do not own and your ex doesn't own your interest in the property.

Can the grantee in a deed also be the witness?

No. If you need a witness on a deed it should not be the grantee in the same deed since they benefit from the document. The witness should be an objective third party.

No. If you need a witness on a deed it should not be the grantee in the same deed since they benefit from the document. The witness should be an objective third party.

No. If you need a witness on a deed it should not be the grantee in the same deed since they benefit from the document. The witness should be an objective third party.

No. If you need a witness on a deed it should not be the grantee in the same deed since they benefit from the document. The witness should be an objective third party.

Can you convey property by deed if you don't own it?

if you have a deed in your possession can you claim it if the person is deceased Not necessarily. There may be other terms and conditions. Just possession of a deed doesn't mean sole ownership.

Where do you file for Quiet title in New Mexico?

You need to file it in the District Court. Call your county clerk's office to learn where they are, or look in the blue pages of your local phone book. I live in NM and am researching this very subject. Good Luck!

Is title insurance transferred in a conveyance of real property?

No. Title is transferred when the owner executes a deed that transfers ownership to the new owner. The deed must be recorded in the land records immediately to be effective against the world.

No. Title is transferred when the owner executes a deed that transfers ownership to the new owner. The deed must be recorded in the land records immediately to be effective against the world.

No. Title is transferred when the owner executes a deed that transfers ownership to the new owner. The deed must be recorded in the land records immediately to be effective against the world.

No. Title is transferred when the owner executes a deed that transfers ownership to the new owner. The deed must be recorded in the land records immediately to be effective against the world.

Can you place a lien against property owned by a family member if you paid the taxes on the property?

Sue them in small claims court. * Paying the taxes does not necessarily mean that the owner of the property would be legally obligated to repay the lender or said person would have any legal clam to the property in question. The party who paid the taxes needs to obtain a promissory note from the property owner showing the tax payment was a loan. That being the case, the lender might be able to recover money spent (as noted in a previous response) by suing the debtor in small claims or another state court, if the lender did not voluntarily repay the loan. Please be advised, the majority of US small claims courts are for monetary recovery only. Therefore, it might not be possible to execute a small claims judgment as a lien against real property.

Can a life estate owner sell property in West Virginia?

No, they do not own the property. They have the right to use the property and any income that might be generated by the property, but they do not own it. If they agree with the owner to sell it, they should be compensated for some percentage of it, based on rental rates or income that it generates. A life estate owner can't include the property in their will, because upon their death, they no longer have any rights in the property.

Who is the owner of. Dstv?

DStv is owned by MultiChoice Group, a South African company that operates the DStv satellite television service. MultiChoice was established in 1994 and has since become a leading provider of entertainment and media services across Africa. The company is publicly traded on the Johannesburg Stock Exchange.

In Florida if your husband dies what happens to your property?

If the deed is in JOINT ownership, the survivor gets it automatically. If there is a will, the property goes to whomever it is willed to. If there is no will, the laws of intestacy apply, giving the spouse a share and surviving children a share.

Can you evict your husband from your house if he is not on the deed?

You should consult with an attorney in your area who can review your situation and explain your rights and options.

You should consult with an attorney in your area who can review your situation and explain your rights and options.

You should consult with an attorney in your area who can review your situation and explain your rights and options.

You should consult with an attorney in your area who can review your situation and explain your rights and options.

What is the right of title holder of the real property?

Right of possession is the power to exercise control or dominion over the real property. A right to possession can be created by various legal arrangements such as:

  • deed
  • life estate
  • lease
  • will

Are deed restricted community unconstitutional?

No, it would be illegal for the federal government to place such a restriction but not for smaller units of government to do so. This is assuming that you are referring to the United States' constitution and not a particular state. Powers not specifically taken by the federal government in the Constitution are granted to the states. This power is typically allowed to roll downhill to counties, towns, and even subdivisions.

Is Michigan a community property state and what are spouses entitled to?

Michigan is not a community property state, it is an equitable distribution state. Marital property and assets are divided in a manner that will allow both parties to have as equal a share as possible, but not necessarily a 50-50 division.

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