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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 do you add a third name on a house deed?
The other owner must execute a deed that transfers their interest to you.
The other owner must execute a deed that transfers their interest to you.
The other owner must execute a deed that transfers their interest to you.
The other owner must execute a deed that transfers their interest to you.
If two unmarried people buy a house together can one force the other o sell against their will?
A co-owner of property can only sell their own interest in the property. They cannot sell the other owner's interest. For property held as tenants in common or as joint tenants, each owner may sell his share without the consent of the other co-owner. In the case of tenancy by the entirety, the ability for one to sell her share varies state by state. In some states one tenant by the entirety cannot sell their share in the property without the consent of the other tenant. In some states, New York and Massachusetts to name two, a deed or mortgage by one tenant by the entirety creates a peculiar situation as explained in the next paragraph. The survivorship rights of the other tenant by the entirety cannot be severed. However, a tenant's interest in the property may be conveyed. For example: If a husband conveyed his interest in the property held as tenants by the entirety to his brother, the husband no longer owns an interest in the property. The brother takes his (the husband's) place within the tenancy. Here is the tricky part: if the wife dies then the husband's brother acquires all interest in the real estate. If the husband dies before the wife then all interest in the property passes to her free and clear. The husband's brother would have nothing. Some conveyancers have treated deeds by one tenant by the entirety as null. However, in some states such a deed conveys the interest of the grantor in the property subject to the survivorship rights of the other co-tenant.
Is the life tenant responsible for the utility bills?
Typically the owner of the property is responsible for the mortgage if they were the original signers of it. This cost is usually offset or covered completely through rental income.
If the rent is $750, $450 is mortgage, $100 for insurance, $100 for maintenance, and $100 for income.
Where do you go to place a lien on a home?
In most places you would have to start at the County or city office where those homeowners pay their annual land tax.
If your name is only on the deed do you need to pay the mortgage?
If the person who has an ownership interest in real property does not sign on or guarantee the note, then that person is not liable to pay the note. However, the lender could still foreclose on the property & the person could then lose his/her ownership of that property.
No. Property held in a joint tenancy with the right of survivorship is non-probate property. When one owner dies, full ownership passes automatically to the survivor, bypassing probate.
No. Property held in a joint tenancy with the right of survivorship is non-probate property. When one owner dies, full ownership passes automatically to the survivor, bypassing probate.
No. Property held in a joint tenancy with the right of survivorship is non-probate property. When one owner dies, full ownership passes automatically to the survivor, bypassing probate.
No. Property held in a joint tenancy with the right of survivorship is non-probate property. When one owner dies, full ownership passes automatically to the survivor, bypassing probate.
Does a sheriff deed override a deed of trust?
Your question is complicated and needs a lot more detail for a more concise answer.
Generally:
A sheriff's deed is the result of a judgment lien. It indicates the land was actually siezed. It can create a cloud on the title to real estate even when recorded after the property has been conveyed if the conveyance was to avoid creditors. If it relates to a debt that was recorded prior to a mortgage in a state that uses deeds of trust for mortgages then it may override the deed of trust.
If this refers to a conveyance deed to a trust and the trust was not drafted properly the real estate would be left exposed to creditors. If the debt predates the deed to the trust the sheriff's deed may override it. You may need to pay off the lien to remove the cloud on the title.
You should have the situation reviewed by an attorney who specializes in real estate law. If the siezure was "good" the interest on the debt adds up quickly causing the pay back amount to grow. In Massachusetts the interest allowed is 12 percent.
Can someone with an easement deed that easement to someone else?
Generally, an easement "runs with the land" unless the original grant specifies it will end when the grantee no longer owns the property.
If A granted a right of way easement over their land to B then the ROW will become an appurtenant right attached to B's land. When B sells to a new owner, the new owner also will acquire the ROW. However, B cannot sell or transfer the ROW to any other land owner, for example, her neighbor, C.
Can you get a mortgage on land that is subject to a life estate?
Any person with an interest in the real estate would need to sign the mortgage so that the lender could foreclose in case of a default. Therefore, the fee owner, or remaindermen, can mortgage the property only with the written consent of the life estate holder. The holder of the life estate can only mortgage the property with the written consent of the fee owner.
No. The dominant estate is the property that owns the right to use an easement over another person's land (the servient estate). The dominant estate has no right to shift the location of the easement. That can only be done with the consent of the owner of the servient estate, in writing and recorded in the land record.
No. The dominant estate is the property that owns the right to use an easement over another person's land (the servient estate). The dominant estate has no right to shift the location of the easement. That can only be done with the consent of the owner of the servient estate, in writing and recorded in the land record.
No. The dominant estate is the property that owns the right to use an easement over another person's land (the servient estate). The dominant estate has no right to shift the location of the easement. That can only be done with the consent of the owner of the servient estate, in writing and recorded in the land record.
No. The dominant estate is the property that owns the right to use an easement over another person's land (the servient estate). The dominant estate has no right to shift the location of the easement. That can only be done with the consent of the owner of the servient estate, in writing and recorded in the land record.
Can a revocable trust be undone?
Yes. You can rewrite a revocable trust if you want to make substantial changes in the trust provisions. However, if you only wish to make minor changes that can be accomplished by an amendment to the trust that clearly identifies the provisions you want to revoke and then clearly states the substitution.
Trusts should always be drafted by a professional who can review your situation, explain your options and draft a trust that will meet your needs and legal standards.
Do quit claim deeds expire when the grantor dies?
No. The grantor on a quitclaim deed transfers ownership to the grantee by virtue of the deed. The grantee is the new owner until they transfer the property to someone else by executing a new deed.
No. The grantor on a quitclaim deed transfers ownership to the grantee by virtue of the deed. The grantee is the new owner until they transfer the property to someone else by executing a new deed.
No. The grantor on a quitclaim deed transfers ownership to the grantee by virtue of the deed. The grantee is the new owner until they transfer the property to someone else by executing a new deed.
No. The grantor on a quitclaim deed transfers ownership to the grantee by virtue of the deed. The grantee is the new owner until they transfer the property to someone else by executing a new deed.
Why you take care of public property?
We have to take care of public property because that is all about us and around us...We all stay in our country as a public...
The most important requirement of this is to just co-operate with the public..The all profits and losses is just because of us so to overcome that we have to take care of it...
What to do when you lost your owners copy of land title?
The deed to your house is a recorded document. So, you would go down to the land records office in your jurisdiction and request a copy. If you remember the title company you used, you can also ask them for a copy.
Can you add your name on a home deed to avoid probate?
No. An executor must be appointed by the court. That appointment gives the executor the authority to deal with any real estate owned by the decedent. The executor does not need to "add their name" to any deed. Once appointed, the executor has the authority to handle the real estate according to the provisions in the Will or the probate laws if the authority to sell the real estate wasn't granted in the Will. You should discuss this issue with the attorney who is handling the estate.
Can you sell your house before divorce is finalized?
It depends on what state you are in i think. I know that in the state of Arizona you cant divorce has to be finally or other partner can make you sell and give them half of what you get from that new house..... Hope this helps
In some states property purchased, although separated, can still be considered maritial property. I would not advise it.
AnswerYes. However, depending on the state that you live in, this may not be advisable. Each state has its own laws regarding marital asset division. As the other contributor mentioned, a state like Arizona uses a "community property" approach. This means that any property or debt acquired from the beginning to the end of a marriage will be divided by the court. There are 9 community property states as of 2011, including Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.The court's decision typically splits the community property evenly between the spouses, unless there are extenuating circumstances. Because of the potential for conflict, many spouses settle the matter privately with attorneys. If you choose to buy a home before your divorce is final, keep this in mind as the property you purchase will either be considered by the court or by private legal counsel.
How can a life estate be released?
A life estate is created by a deed executed by the owner of the property or by their Will.
A life estate is created by a deed executed by the owner of the property or by their Will.
A life estate is created by a deed executed by the owner of the property or by their Will.
A life estate is created by a deed executed by the owner of the property or by their Will.
If the parent and step-parent owned the property as joint tenants with the right of survivorship then full title passed to the step-parent upon your parent's death. You have no rights in the property. You may have an interest if the property was owned as tenants in common. In that case your parent's half would pass as intestate property according to the laws in your state which you can check at the link below. You could view or obtain a copy of their deed at the land records office to confirm how the land was owned. If you think you may have an interest you should speak with an attorney and show her/him the deed.
If a parent has lifetime rights to a property can they move anyone else in?
Sure. The unrestricted life tenant can do anything on the property he or she wants to, except perhaps waste or encumber it, for as long as he or she lives. This could include, for example leasing it to someone else entirely.
It's as if the life tenant "owns" the property, but only for life.
Are you supposed to be notified if someone puts a lien on your house?
Liens, in just about every state are for the protection of the creditor, not the debtor.
You state laws will define what is expected for all liens that are filed. If you want to check if there are existing liens consult the county's public records.
What if you sign a cash deed before receiving all of the money?
Absolutely not. The transfer of property involves two separate actions: the buyer hands over the full consideration ($$$) and the seller hands over the deed. Do not hand over the signed deed until you have been paid. You should have an attorney represent you in any sale of real estate. If you did you wouldn't be asking this question.
Your name is on the loan but not on the deed can they put a lien on your house?
yes you can put a lien on anythig but if you are on the deed you are an owner,so yes u can put a lien on the house * It might be possible to sue the joint owners (not a spouse) and is a judgment is awarded place a lien against their share of the propery. It depends upon how the property is titled, (Joint Tenants, Tenants in Common, Joint Tenants With Rights Of Survivorship). Nevertheless, taking such action makes no sense whatsoever, the joint owner would be attaching his own property share as well as that of the other(s). A lien encumbers the property it cannot be sold, refinanced, transferred, borrowed against or in any manner distributed until the lien is satisfied. If the purpose is to recover a debt owed by one of the joint owners the better option is to sue in for a monetary judgment, thereby avoiding all the problems that are associated with attaching a lien, perfecting it, forced sale issues and so forth.
Does mortgage name have to match the deed even if same person?
NO. The owner of the property must sign the mortgage and all the owners must sign if there are multiple owners. All the owners must consent to the mortgage so that in the case of a default, the lender can take possession of the property by foreclosure.
When you co-sign a mortgage for property that belongs to another person you have agreed to pay the loan if the principal borrower defaults. You have no rights nor interest in the property unless your name is on the deed. You have simply volunteered to pay for property you do not own.
Generally, tenancy by the entirety is reserved for couples who are legally married. Very few states endorse common law marriage. Certain states that do have some sort of recognition for common law marriages do not give them full recognition. You need to consult with an attorney in your state to determine the status of that law. You may need to choose a joint tenancy with the right of survivorship in your estate planning.
