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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
Who controlled the property of a whose husband had died?
The wife controls 75% any children split the remaining 25%. However, if there are no children wife controls 100%
How do you transfer property to children as a gift?
In the United States, in most states, to make a gift you have to have the intent to make the gift; a delivery of the item; and a relinquishment of all elements of ownership. If it is real property, simply execute a deed giving the spouse the interest you want to gift. The deed should recite that it is a gift as opposed to a sale and that there is no or just a nominal consideration for the transfer. In the case of a house, the person gifting the property does not have to move out as long as it is understood that remaining there is solely because the other spouse says it is alright. If it is personal property of a tangible nature, there must also be donative intent, delivery and relinquishment of ownership. Delivery is done by simply handing the item over. If the property is something like stocks, bonds or securities, again the three elements must be present. Delivery is usually done by changing the name on the account or security or by transferring it as a stock certificate is transferred.
What are the purposes of the partnership deed?
At common law the purpose of a deed is to transfer the title to real property to a new owner. It must be in writing on paper and must be properly executed. The deed is not effective against the world until it is recorded in the land records. There are other ways title to real property is transferred. For example, title can be transferred by will, by intestate succession, by a taking in fee and by a court decree. A voluntary transfer of title from a living owner must be in the form of a deed.
Your name is on the mortgage not on the deed. How do you get it off the mortgage?
It depends on why your name isn't on the deed.
If it was a mistake, you need a lawyer to figure out the best way to get your name put onto a corrective deed.
If your name is not on the deed because you obtained the property as a matter of law, then you may need to file a new deed to show you are the rightful owner, along with the papers that made you the rightful owner.
Be sure to ask the lender what they were thinking when they accepted your promissory note and mortgage for a house that is not deeded to you.
How do you remove names from a surviorship deed?
To "remove a name from a deed" that person must transfer their interest in the property to another person by executing a new deed.
For example, if Tom and Jerry own property as joint tenants with the right of survivorship and they want to take Jerry's name off the deed then Jerry must voluntarily transfer his interest to Tom by a new deed, or, both can execute a new deed whereby they both convey the property to Tom in his own right.
If, on the other hand, Jerry has died, Tom does not need to take Jerry's name "off the deed". He only needs to record a certified copy of Jerry's death certificate in the land records to show that Jerry has died and Tom owns the property by survivorship.
To "remove a name from a deed" that person must transfer their interest in the property to another person by executing a new deed.
For example, if Tom and Jerry own property as joint tenants with the right of survivorship and they want to take Jerry's name off the deed then Jerry must voluntarily transfer his interest to Tom by a new deed, or, both can execute a new deed whereby they both convey the property to Tom in his own right.
If, on the other hand, Jerry has died, Tom does not need to take Jerry's name "off the deed". He only needs to record a certified copy of Jerry's death certificate in the land records to show that Jerry has died and Tom owns the property by survivorship.
To "remove a name from a deed" that person must transfer their interest in the property to another person by executing a new deed.
For example, if Tom and Jerry own property as joint tenants with the right of survivorship and they want to take Jerry's name off the deed then Jerry must voluntarily transfer his interest to Tom by a new deed, or, both can execute a new deed whereby they both convey the property to Tom in his own right.
If, on the other hand, Jerry has died, Tom does not need to take Jerry's name "off the deed". He only needs to record a certified copy of Jerry's death certificate in the land records to show that Jerry has died and Tom owns the property by survivorship.
To "remove a name from a deed" that person must transfer their interest in the property to another person by executing a new deed.
For example, if Tom and Jerry own property as joint tenants with the right of survivorship and they want to take Jerry's name off the deed then Jerry must voluntarily transfer his interest to Tom by a new deed, or, both can execute a new deed whereby they both convey the property to Tom in his own right.
If, on the other hand, Jerry has died, Tom does not need to take Jerry's name "off the deed". He only needs to record a certified copy of Jerry's death certificate in the land records to show that Jerry has died and Tom owns the property by survivorship.
How to change deed on parents house if deceased?
In England & Wales the process is reasonably straightforward as far as the legal ownership of the property is concerned.
Take a look at our online FAQs re What to do when a property owner dies? - this covers dealing with both unregistered and registered property.
Whilst the majority of properties are now registered some properties which have been in the same ownership for some time may not be so always best to check first if your parents have owned the property for say over 20 years.
Who is to maintain a fence on the property line?
If there is an issue regarding the location of the property line between abutting property owners the first resources would be any recorded surveys of the properties and the deed descriptions. The surveys, if any, would show the location of the iron pins or any other boundary markers. The deed descriptions may indicate the locations of boundary markers.
If there is a dispute and there are no recorded surveys then the parties must hire a state licensed land surveyor to determine the location of the property line and mark it. The parties could share the cost. If the parties cannot agree then you need to consult with an attorney who can review your situation and explain your options, preferable the attorney who represented you at your closing.
Once the location of the property line has been established, whoever desires to construct a fence must check local building codes for regulations regarding fence location.
How can you find out if a landlord owns property?
There are two places that real property owners are listed.
First, you can visit the town tax assessor's office and look up the address of the property in those records. The owner's name should be listed. Tax assessor records are the easiest way to check to see who owns a particular parcel of real estate.
You can also check the local land records office. It may be a little more complicated but the clerk will show you how to access the information you need by using the land records. Generally, you can search by name and by address, looking for the most recent documents that affect the property.
In World War I, the "convoy system" was an organizational innovation by the western allies (in particular, the British) in response to German submarine attacks. In 1916 then even further in 1917, Great Britain organized all of its shipping into large groups called "convoys". Convoys traveled as one and were protected by dedicated warships throughout their journeys to and from ports in Great Britain. The convoy system succeeded in breaking the German submarine blockade.
Where do I find Free Property Deed Information?
Every state has an office that handles the recording of deeds and land records, such as the county recorder, auditor, or clerk's office. Some provide online access to their records where searches can be made by name, date or document type. Some provide this service free of charge; while others may charge fees. You can start with the county clerk's office (or similar agency depending on the state) and see if they provide free access to their records online.
Below you will find a directory of all the government agencies that provide this information by state and county. This directory will tell you where online searching is available, which ones are free, which ones require fees, and contact information for each agency.
What age can a parent disinherit a child?
In most jurisdictions in the United States a minor child cannot be disinherited. In most states a surviving spouse cannot be disinherited.
Adult children can be disinherited by will. In some states an adult child must be disinherited by specifically mentioning them in the will. The testator must mention that the failure to leave that child a bequest was intentional. Otherwise, the child can claim an intestate share of the estate. In some states it isn't necessary to mention an adult child at all. You must check the laws in your jurisdiction.
How do you transfer property to a trust?
The owner of the property must execute a deed that transfers the property to the trustee of the trust. However, you better make certain the trust is valid and has all the provisions needed for the trust to manage real estate and for the appointment of successor trustees.
How can parents transfer the deed to their home to an adult child?
The most secure way to insure that the property is protected from any creditor attachment is to have an attorney or title company draw up a warranty deed making the adult children as Joint Tenants With Rights To Survivorship rather than deeding the property solely to an adult child/children. To deed the property directly to the child/children could subject it to taxation depending upon the circumstances. When property is titled JTRS it passes directly to the other tenants and is not subject to probate action nor can it be attached for debts belonging to the deceased. The lender's investment is secure regardless of how the property is titled. Mortgages are secured debts secured by the collateral property via a Deed of Trust. * However, as you say there is a mortgage, you probably cannot change the ownership title in any way without the permission of the mortgage company. * this q has a discussion
What are reasons to start a deed of conveyance?
A deed of conveyance is the manner by which title to real property is transferred to new ownership. A deed is executed by the grantor (owner of the property). The language you used in your question is incorrect. A deed of conveyance isn't 'started'. A new deed is drafted, then signed by the grantor (executed) and then recorded in the land records to notify th world that the land has a new owner.
Is Rhode Island a community property state?
No. When it relates to debts incurred in a marriage the couple are equally responsible for joint marital debts and solely responsible for debts incurred in their name only. Equitable distribution is generally used when it relates to the allocating of marital property in a divorce.
The concept of mutual agreement spans the spectrum of meanings and complexity. A mutual agreement can be as informal as you and your partner agreeing to go to the ice cream parlor for a cone. If you've been married, you have experienced firsthand what a mutual agreement is all about. Two parties enter the legally binding contract of marriage. If the marriage doesn't work, some states permit divorce by mutual consent, as well.
How can a person be removed from a deed?
Amending a deed in most cases only requires that the involved parties file the proper forms (such as a quit claim) at the property recorder's office in the county where the property is located.
Answer
If the person is living they must convey their interest to a new owner by executing a deed.
If the person is deceased the owner by survivorship can have a new deed drafted by an attorney and recorded in the land records. However, a new deed is not required in that case. A copy of the death certificate recorded in the land records will effectively perfect title in the survivor.
If the person is deceased and was the owner or a tenant in common their estate must be probated. The attorney who handles the probate can draft a new deed to reflect the change in ownership.
Deeds are the form used to make changes in the ownership of real property.
Yes. The grantee on a deed is the legal owner of the property.
Does Alabama have an adverse possession law?
Yes it appears that Alabama Code §6-5-200 allows adverse possession after 10 years under recorded color of title, and, otherwise, after 20 years. The 20 years is not in the statute, but it appears to be in Alabama's Common Law. On its face, it appears to be a standard adverse possession statute, but I would disclaim that I am neither a lawyer nor a citizen of Alabama. You can research the statute or Alabama case law on FindLaw.com. Hope this helps you a little.
Does each tenant in a tenancy in common own an equal share?
Yes. Unless there is another scheme set forth in the deed. For example, suppose land was conveyed to Bill, Chris and Glen as tenants in common. Each has the right to the use and possession of the whole property. If the property is sold or partitioned each will receive one-third of the proceeds. If one dies, their interest will pass according to their will or to their heirs-at-law under the state laws of intestacy if there is no will.
A tenancy-in-common deed could also specifically provide that Bill receives a one-half share, Chris a one-quarter share and Glen a one-quarter share. However, if particular interests are not mentioned in the deed then they each will acquire an equal share.
The situation changes in the case of a joint tenancy with the right of survivorship. In that case each co-owner must own an equal share in order to create the joint tenancy and when on dies their interest automatically passes to the surviving joint tenants with no need of probate.
Is land transferred by deed subject to a gift tax?
The recipient of a gift never pays gift tax; that is on the gift giver to pay.
If the value of a quitclaim exceeds the annual per-person exclusion (currently $15,000 in 2012), you can simply give divided shares over several years, where each share in a given year is worth less than the annual exclusion.
I recently came across a "tax-free transfer" of real estate carried out over 6 years, giving one sixth of the ownership each year.
Who has the legal title of the property in a trust?
Trust property.
The title to the trust property is held by the trustee.
Trust property.
The title to the trust property is held by the trustee.
Trust property.
The title to the trust property is held by the trustee.
Trust property.
The title to the trust property is held by the trustee.
How do you request a copy of a warranty deed?
If it was recorded in the land records you can obtain a copy at that office.
If it was not recorded you need to obtain a newly executed confirmatory deed from the grantor.
If it was recorded in the land records you can obtain a copy at that office.
If it was not recorded you need to obtain a newly executed confirmatory deed from the grantor.
If it was recorded in the land records you can obtain a copy at that office.
If it was not recorded you need to obtain a newly executed confirmatory deed from the grantor.
If it was recorded in the land records you can obtain a copy at that office.
If it was not recorded you need to obtain a newly executed confirmatory deed from the grantor.
When referring to employment benefits, vesting is the amount of time to ownership to the employer's contribution to his or her accrued benefits. In the case of a pension, an employer makes contributions to an employee's retirement plans over the course of his or her employment. Generally, the employee must complete a certain amount of time before he or she has rights to the employer contributions in the pension plan. Plan benefits are said to "vest" at the end of that time period. Example: An employee receives $1,000 a year in employer contributions to his/her pension plan, with 50% vesting after 2 years of employment and 100% vesting after 3 years of employment. [To keep it simple, assume 0% returns in the pension plan.] If the employee quits at the beginning of his/her third year of employment, he or she is entitled to $1,000 * 2 years of employer contributions * 50% = $1,000 in the pension plan. If the employee quits at beginning of his/her fourth year of employment, at retirement, he or she is entitled to $1,000 * 3 years of employer contributions * 100% = $3,000 in the pension plan.
