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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
Inheritance from joint tenancy quitclaim deed?
There is no 'inheritance' from a joint tenancy. When two people own property as joint tenants with the right of survivorship and one dies the survivor automatically owns the property. Think of it this way: When one owner dies their interest in the property disappears leaving the survivor as the sole owner.
What is a non-freehold estate?
In English Common Law less-than-freehold estates were the rights of tenants who leased real property. Those estates were considered personal property. A less than freehold estate has a predetermined limit of time. The most common in the modern era is a leasehold estate. A non-freehold estate involves possession but not ownership of property.
Can you sell your half interest in a property owned jointly with the right of survivorship?
Yes. However, they would need to find a buyer who is willing to share the use and possession of the property with the other tenant. If you sold your interest, the owners would become tenants in common.
What are the filing fees for a quitclaim deed?
what are the filing fees for a quickclaim deed?Additional information: It depends on which state you're in. Contact your County Clerk, County Recorder or Register of Deeds for the prices to record documents. (BTW - it's "Quit Claim", an individual is giving up his or her interest in the property ("quitting their claim").
Where can you find out about Homestead Declaration for Vermont?
The best site to find answers to Homestead Declaration for Washington is at www.HomesteadUS.com The best site to find answers to Homestead Declaration for Washington is at www.HomesteadUS.com The best site to find answers to Homestead Declaration for Washington is at www.HomesteadUS.com The best site to find answers to Homestead Declaration for Washington is at www.HomesteadUS.com The best site to find answers to Homestead Declaration for Washington is at www.HomesteadUS.com The best site to find answers to Homestead Declaration for Washington is at www.HomesteadUS.com
Can I remove my ex husband's name off our property?
Your son must execute a deed voluntarily and convey his interest to you.
Your son must execute a deed voluntarily and convey his interest to you.
Your son must execute a deed voluntarily and convey his interest to you.
Your son must execute a deed voluntarily and convey his interest to you.
Grantee dies before a quitclaim got recored can it be recorded after his death?
Generally, if the deed was properly executed in all respects then you should record it immediately. If there are any defects that cause the land records office to reject it for recording then you will have a serious problem on your hands since the grantor is deceased. State laws vary so you should seek the advice of an attorney.
Do you need to record a vesting deed and or a notarized vesting deed?
Yes. To be effective it must be recorded in the appropriate jurisdiction.
Yes. To be effective it must be recorded in the appropriate jurisdiction.
Yes. To be effective it must be recorded in the appropriate jurisdiction.
Yes. To be effective it must be recorded in the appropriate jurisdiction.
Who has more rights in a person's property when they die the spouse or children?
That depends on state laws of intestacy and those laws vary from state to state. In some states the surviving spouse takes it all. In some states the spouse and children share. In some states the spouse takes it all unless there are children of the decedent who are not her/his children. You can check the laws of intestacy for your state at the related question link provided below.
How do you write a witness statement?
/recount , then improve the language u are using after that add in the order of events plus thelanguage that`s good and spell check/proof read it ffor any silly mistakes aftyer tha.....volia a witness statemnt
What ETAL mean on a real estate deed?
Et al. is a Latin abbreviation for "and othersâ€Â, especially other persons. It is used when referring to a number of people, i.e., Robert Cummings, et al., hit their acting peaks in the 1940s. It is typically used in the caption of court documents following the first named party to signify that more than one individual is aligned on one side of the case, i.e., Robert Cummings et al. vs BP Oil Company.
Et al. has various uses in deeds that convey real estate such as:
- in descriptions when referring to several abutters along the same boundary- bounded on the West by Dave Brubeck et al.
- when referring to encumbrances- subject to a right of way granted to Paul Desmond et al. and recorded in Book 2378 Page 129
- in the title reference- being the same property conveyed to the grantor by deed of Joe Morello, et al.
Et al. should not be used in the granting clause of a deed because all the grantors and grantees must be listed in the grantee index of the land records when the deed is recorded.
What if one owner of an undivided interest in real estate wants to sell but the other owners do not?
"You can buy the co-owner out of his or her share of the property, then sell the entire thing as a whole. If the co-owner who doesn't want to sell won't sell his/her share, you can still sell your share to whoever you want. However, as a practical matter, unless we're talking about commercial property that already has several owners, it's doubtful that anyone would want to buy 1/2 an interest in most other property, like a house or something like that. So, unless you can find a buyer for your half interest in the property, you're out of luck."
In response to above, you can't always sell your part interest in a home. Often the deed is structured so both have to sign the deed of sale. If you own a house jointly with your spouse or someone with a right of survivorship you can't sell your 1/2 interest without the other owner signing the deed. Also it is not just commercial properties that have several owners. A lot of inherited properties have multiple owners and it often is a huge issue when some people want to sell and others don't, which is why it is important to detail that in your will if you are passing real property to your heirs i.e. if they don't agree on the fate of the property, they have to sell it and split the proceeds. Every State is different, but you can probably go to a lawyer to force the sale, especially in a divorce, but that means legal fees so the best thing is to try to work it out with the co-owner, perhaps telling her/him that you either sell the house or both of you are going to be paying big bucks in a protracted legal battle.
The main thing is to either do your own legal research or if that is not your thing get a lawyer to find out what you can and need to do in your specific situation.
Where do you get a quit claim deed?
A quitclaim deed in Alabama may be drawn up by an individual, attorney, or title company. The specifics for each county vary somewhat, but across the board, the deed needs to include the legal description of the property and the legal names and marital status of both parties. Specifics for each county including formatting and other requirements may be found online or from your county office.
How can you find out is your name is on a deed of a house is already sold?
The title company which is involved in the transaction would have contacted you for a quit claim if your name had been on the deed. Alternatively, you may be able to obtain a copy of the deed from your county recorder. Also, in Arizona, many counties list the owners on a website. I am not sure of any others.
No, because there is a lien against the property, any change of title would be construed as an attempt to avoid the lien holder taking any action.Under the law this is considered a "fraudulent conveyance" and even if it was implemented the title change would be deemed invalid by a court.
This is a difficult legal situation. First, the wife must ask herself why she signed a mortgage for property she didn't own. The husband's estate must be probated in order for legal title to the real estate to pass to his heirs. His will or the state laws of intestacy will determine if the wife inherits the property or only an interest in the property. However, even if the wife does not inherit 100% of the interest in the property she is 100% responsible for paying the mortgage. If the mortgage isn't paid the bank will take the property by foreclosure.
Blacks could not own property?
The "white flight" of the 1950's led many whites to suburban areas where blacks were not allowed to buy houses. They were not alowwed to buy houses so whites could live in a utopia of suburban life. While blacks were unable to purchase land they stayed in cities where property values went down forced to rent and always owe money. The key to expanding financially is real estate and they did not want blacks to be involved. Land goes all the way back to the 1800's.
When 3 siblings own a property and one dies who owns the property?
That depends on how the three acquired their interest. If they are joint tenants the interest automatically passed to the surviving co-owners. If they owned as tenants in common the interest of the decedent would pass to their heirs at law under the state intestacy laws.
Do squatters have rights in Tennessee?
Technically, no. Squatters are simply trespassers. Adverse possession is somewhat more restricted in Tennessee than in some other states. You can read more at the related link.
How do you place a lien on property after a court judgment has been issued and filed?
Trying to do something without a lawyer, eh? You have to file an affidavit or other document with the court that issued the judgment saying the judgment has not been satisfied, probably also an affidavit that the judgment debtor is not on active duty in the armed forces, and ask for an execution or similarly-named document. The execution is then given to (depending on your state law) to a sheriff, deputy sheriff, constable or person designated by the court on your motion, who records it in the registry of deeds (or whatever it is called in your state). You have to research the book and page number of the deed so it can be referenced on the deed record.
Can a joint ownership deed be transferred to single ownership without a signature of one owner?
The owner who signs a deed must be the one who is transferring their interest to the other.
Can you lien someone's property without a court judgment?
If most cases, the answer is no. However, it depends on the type of lien in involved. In California for example, there are laws that allow a contractor to file a mechanic's lien against property if the contractor has not been paid for work done on the property. However, the lien becomes null & void if the contractor does not file a lawsuit within 90 days after the lien was recorded.
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.
What is the difference between a general warranty deed and a quitclaim deed?
A general warranty deed or warranty deed is one where the seller guarantees there are no title defects, that she/he is the owner of the land and has the right to sell it. A warranty deed guarantees that there are no encumbrances except those recited in the deed. The deed itself is a warranty to that effect.
A special warranty deed does not guarantee the title of the grantor is free of defects. A defect may include a missing interest in the back title. Also, the warranties under a special warranty deed are set by statute and vary from state to state.
A quitclaim deed only conveys whatever title the grantor has, if any. A person quits all claim to a property in question. It delivers no guarantees or warrantees. It offers the least amount of protections. A quitclaim deed is often used when a party conveys their interest pursuant to a divorce decree, or when the grantor is not certain of the title to the property.
The best deed for a grantee is a general warranty deedand every buyer of real property should have a comprehensive title examination performed by a professional prior to accepting delivery of any deed.
What is the difference between warranty deed and mineral deed?
A mineral rights conveyance involves the minerals below the surface of the land, not the surface land itself.
