0
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
Is Mississippi a tenancy by the entirety state?
Yes. A married couple may hold title to real estate in Mississippi as tenants by the entirety pursuant to the section of the Mississippi Code reproduced below. The tenancy by the entirety must be stated in the deed. § 89-1-7. Estate in two or more persons. All conveyances or devises of land made to two (2) or more persons, including conveyances or devises to husband and wife, shall be construed to create estates in common and not in joint tenancy or entirety, unless it manifestly appears from the tenor of the instrument that it was intended to create an estate in joint tenancy or entirety with the right of survivorship. But an estate in joint tenancy or entirety with right of survivorship may be created by such conveyance from the owner or owners to himself, themselves or others, or to himself, themselves and others. An estate in joint tenancy or entirety with right of survivorship between spouses may be terminated by deed of one spouse to the other without necessity of joinder of the grantee spouse and without regard to whether the property constitutes any part of the homestead of the spouses. Sources: Codes, 1857, ch. 36, art. 18; 1871, § 2301; 1880, § 1197; 1892, § 2441; Laws, 1906, § 2770; Hemingway's 1917, § 2274; Laws, 1930, § 2113; Laws, 1942, § 834; Laws, 1958, ch. 237; Laws, 1993, ch. 395, § 1, eff from and after July 1, 1993.
How do you file action to quiet title in Georgia?
Quiet title actions are extremely specialized and complex. Briefly:
There are attorneys who specialize in quiet title actions. You cannot possibly file one for yourself unless you have extensive experience in the law of real property and title theory. You need to consult with an attorney who specializes in real estate law in your jurisdiction who can review your situation, perform the necessary title research and draft the complaint in the best light to support your claim.
Quiet title actions are extremely specialized and complex. Briefly:
There are attorneys who specialize in quiet title actions. You cannot possibly file one for yourself unless you have extensive experience in the law of real property and title theory. You need to consult with an attorney who specializes in real estate law in your jurisdiction who can review your situation, perform the necessary title research and draft the complaint in the best light to support your claim.
Quiet title actions are extremely specialized and complex. Briefly:
There are attorneys who specialize in quiet title actions. You cannot possibly file one for yourself unless you have extensive experience in the law of real property and title theory. You need to consult with an attorney who specializes in real estate law in your jurisdiction who can review your situation, perform the necessary title research and draft the complaint in the best light to support your claim.
Quiet title actions are extremely specialized and complex. Briefly:
There are attorneys who specialize in quiet title actions. You cannot possibly file one for yourself unless you have extensive experience in the law of real property and title theory. You need to consult with an attorney who specializes in real estate law in your jurisdiction who can review your situation, perform the necessary title research and draft the complaint in the best light to support your claim.
What states have the homestead exemption?
These laws may have evolved into current homestead laws which usually protect someone's home from creditors... usually not incuding mortgage creditors however... see the below site for some details and an incomplete list of states. This last article is not currently updated, and there is contradictory information in it... if you think that the law might apply to you, the best thing to do is to ask a lawyer who specializes in this field.
How do you find who owns a vacant house?
This should be public record, found at the courthouse.
First you would need to find the owners. That information is available through your local Tax Appraisal District, which usually has a website. You would have to find out from the owner who the lender is.
How do you remove deceased owner's name from deed in Maryland?
You should consult with an attorney who can review the status of the title and explain your options.
You should consult with an attorney who can review the status of the title and explain your options.
You should consult with an attorney who can review the status of the title and explain your options.
You should consult with an attorney who can review the status of the title and explain your options.
You haven't included enough detail. It depends on whether he died before the testator or after he had inherited.
If before, generally no unless she is mentioned in the will under which her husband inherited as the alternate beneficiary. Otherwise the gift will lapse and become part of the residue of the testator's estate, or pass to the husband's children or to his siblings if he has no children.
If after, the gift would become part of his estate and would pass by his will or according to the laws of intestacy if he had no will. In that case, the wife would inherit at least a portion.
If there was no will and he died before the decedent then his share will pass to his children or siblings. If he died after the decedent and there had been no will then his inheritance would become part of his estate the gift would become part of his estate and would pass by his will or according to the laws of intestacy if he had no will. In that case, the wife would inherit at least a portion.
You can check the laws of intestacy at the related question link provided below.
Can you deed your house to someone else?
Yes, but it would have to be left in the care of an adult until the child comes of age.
Where do you go to execute a quit claim deed?
There are a lot of sample quit claim deeds online. If you start filling them out, you can get most of the wording you need, even if you don't proceed all the way to buying the final product from whoever is selling them.
Can a nursing home force the sale of real estate that is part of a life estate?
Generally:
The facility may have rights if the owner of the property granted the nursing home rights in exchange for care. Otherwise, the facility would need to sue in court and win a judgment for any amount due in order to obtain a judgment lien against the property.
Generally:
The facility may have rights if the owner of the property granted the nursing home rights in exchange for care. Otherwise, the facility would need to sue in court and win a judgment for any amount due in order to obtain a judgment lien against the property.
Generally:
The facility may have rights if the owner of the property granted the nursing home rights in exchange for care. Otherwise, the facility would need to sue in court and win a judgment for any amount due in order to obtain a judgment lien against the property.
Generally:
The facility may have rights if the owner of the property granted the nursing home rights in exchange for care. Otherwise, the facility would need to sue in court and win a judgment for any amount due in order to obtain a judgment lien against the property.
Legal title to real property cannot pass to the heirs until the estate is probated. The Probate court examines the will and determines that it is valid according to state law and that it is indeed the Last Will and Testament of the deceased. The probate process provides creditors with an opportunity to make claims against the estate. Probate records and land records are public records. Property titles must be made public and they must be registered in a place where the world can determine who owns any certain property. If we allowed the title to property to pass in a will that doesn't need to be probated then eventually we would be unable to determine who owns property. The careful registering of land titles is a premier indicator of an intelligent and prudent society.
How can you revoke life estate?
The life tenant can release their rights in writing by a document that then must be recorded in the land records.
The life tenant can release their rights in writing by a document that then must be recorded in the land records.
The life tenant can release their rights in writing by a document that then must be recorded in the land records.
The life tenant can release their rights in writing by a document that then must be recorded in the land records.
Can you put a lien on a church?
That may be possible. Laws vary. You need to check the laws in your jurisdiction.
You may be thinking of a contract FOR deed. These should be avoided due to complexity of the law, but it is when the seller keeps title to the property until the sales price is fully paid.
Can you do an Affidavit of Scrivener's Error to correct the Trustee listed on a Deed of Trust?
Yes. You can visit a law library at your county court and look for a resource guide for drafting legal forms.
Added: THe above answer is true insofar as locating a resource for the proper forms.
HOWEVER - as to question that was asked: You may submit an affidiavit of scrivener's error ONLY if you are the one who made the error in the first place. If you are not the grantor of the trust (e.g.: you are the beneficiary of it) YOU could not legally change the grantor's document via this manner. You would have to petition the court for a hearing and establish your ground's for wanting to alter someone' else's legal document.
How do you correct a middle initial on a deed?
If your middle initial was written incorrectly in your deed you should return to the attorney who represented you when you purchased your property and ask her to draft and record in the land records a scrivener's affidavit explaining the error and ask to have it referenced to your deed.
No. Every owner by deed has the right to the use and possession of the property. The other owner(s) does not have the right to "oust" them without a court order.
No. Every owner by deed has the right to the use and possession of the property. The other owner(s) does not have the right to "oust" them without a court order.
No. Every owner by deed has the right to the use and possession of the property. The other owner(s) does not have the right to "oust" them without a court order.
No. Every owner by deed has the right to the use and possession of the property. The other owner(s) does not have the right to "oust" them without a court order.
How may one obtain a copy of the foreclosure Deed on Real Estate Property?
Every state has Land Records and they are public records so anyone can view them. Depending on the state you may be able to access on line or at least go to the Land Records division of the courthouse in your county and look it up.
How do you file a quiet title in ny state?
Briefly: An attorney who specializes in real estate litigation must examine the title to determine what the issues are, what the state law says about those issues and if you have a superior claim of title. The attorney drafts the complaint, files it in the appropriate court and then proceeds to trial placing your claim in the best light.
Briefly: An attorney who specializes in real estate litigation must examine the title to determine what the issues are, what the state law says about those issues and if you have a superior claim of title. The attorney drafts the complaint, files it in the appropriate court and then proceeds to trial placing your claim in the best light.
Briefly: An attorney who specializes in real estate litigation must examine the title to determine what the issues are, what the state law says about those issues and if you have a superior claim of title. The attorney drafts the complaint, files it in the appropriate court and then proceeds to trial placing your claim in the best light.
Briefly: An attorney who specializes in real estate litigation must examine the title to determine what the issues are, what the state law says about those issues and if you have a superior claim of title. The attorney drafts the complaint, files it in the appropriate court and then proceeds to trial placing your claim in the best light.
Can you quit claim deed a property from an irrevocable trust?
Yes, as long as the trust was properly drafted. Every trust is unique since the trust is created by the trust document. A properly drafted trust document has a provision whereby the trustee has the authority to transfer and convey property. The trustee's deed can be a quitclaim deed. You must review the trust document to determine how property can be sold by the trust.
Yes, as long as the trust was properly drafted. Every trust is unique since the trust is created by the trust document. A properly drafted trust document has a provision whereby the trustee has the authority to transfer and convey property. The trustee's deed can be a quitclaim deed. You must review the trust document to determine how property can be sold by the trust.
Yes, as long as the trust was properly drafted. Every trust is unique since the trust is created by the trust document. A properly drafted trust document has a provision whereby the trustee has the authority to transfer and convey property. The trustee's deed can be a quitclaim deed. You must review the trust document to determine how property can be sold by the trust.
Yes, as long as the trust was properly drafted. Every trust is unique since the trust is created by the trust document. A properly drafted trust document has a provision whereby the trustee has the authority to transfer and convey property. The trustee's deed can be a quitclaim deed. You must review the trust document to determine how property can be sold by the trust.
Who is responsible for home repairs with a life estate?
The person with the life estate should pay for repairs. They are benefiting from the arrangement, and so should except the responsibility, or give up the life estate. However, the answer may depend on the relationship between the parties.
In most cases an elderly parent transfers ownership to their children in order to bypass probate while retaining the right to life use of the property. Since the parent is trying to preserve the property for their children, the children should be willing to help with repairs since it is in their interest for the property to be well maintained and an elderly parent may not have the resources to pay for repairs.
For a definitive answer you need to check your state laws that govern life estates.
What is the difference between right of survivorship and tenants in common?
Joint tenancy (joint tenants with right of survivorship) means that two or more people own a property, and when one dies, the survivor automatically owns the property with no need of probate. Each grantee on the deed takes an equal share of the property, regardless of contribution to purchase price. A joint tenant may sell their interest and break the joint tenancy.
Tenants in common means that two or more people own a property, and when one dies, the deceased person's interest goes to whomever that person designated in his or her will. If there is no will the interest in the property passes to the decedent's heirs under the laws of intestacy. Tenants in common can have different percents of interest, but no tenant may exclude any other tenant from the property.
Owners of either type of deed may file for what is known as partition. A petition to partition means that one tenant on the deed may force the other tenants to dissolve the relationship. Real estate partition law varies from state to state, but regardless of state, a JTWROS deed means that distributions will be always be equal with no credits given for any excess that one tenant may have contributed toward purchase price. The fact that JTWROS tenants own equal shares is the very essence of that type of deed, and a partition action enforces that. On the other hand, TIC deed holders may be entitled to a credit for contribution to purchase price, depending upon the state.
Tenancy by the entirety is reserved for married people and is recognized in most states. When one tenant dies the other owns the property automatically with no need for probate. The survivorship rights of one cannot be severed by the other party or by creditors of either party. The property cannot be partitioned by any court.
In most states one tenant by the entirety cannot convey their interest in the property. In certain states (Massachusetts and New York are two examples) there is no law against one tenant by the entirety conveying their interest. However, their deed cannot defeat the survivorship interest of the other tenant by the entirety and a peculiar situation is created. Suppose a husband conveyed his interest to his brother. The husband no longer owns the property. The brother is now taking the husband's place in the unseverable survivorship tenancy. If the husband dies, the brother is out of luck and the brother loses his interest in the property. The wife gets it all. If the wife dies the brother gets it all.
In addition to the above there is tenancy in partnershipwhich acts as a joint tenancy in property acquired by a bona fide partnership. When one partner dies full title passes to the surviving partner.
A life tenancy gives the life tenant the right to the use and possession of the property for life and is extinguished upon the death of the life tenant.
How do you file a suit to quiet title in Virginia?
It may depend entirely on the circumstances from which the necessity for such an action arose. If it arose as a part of a criminal action (i.e.: fraud) it is different than from a contractual occurrence. If it has to do with tax sales and other liabilities there may be no statute of limitations which applies. Every circumstance stands on its own set of facts.
