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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
Does joint ownership mean equal ownership?
In the United States, there are different forms of co-ownership of real property: tenancy by the entirety, joint tenancy with the right of survivorship and tenancy in common.
- Tenancy by the entirety is a type of joint tenancy reserved for married people only and each party has an equal interest.
- One of the legal requirements of creating a joint tenancy with the right of survivorship is that both parties must have an equal interest. However, joint tenants do not have to be married.
- Two people who decide to own property together as tenants in common each own a half interest unless they set up another arrangement in the deed such as a 60-40 split.
One similar aspect of any type of joint or common ownership is that each owner has the right to the use and possession of the whole property. For example, if A owns a 70 percent undivided interest and B owns a 30 percent undivided interest, B has the right to the use and possession of the whole property.
How can you get someone out of a property that is owned by 3 other people?
The person's share will need to be "bought out" by the other owners, assuming said person is willing to sell. If the matter is one where some of the owners wish to sell and some do not, those wishing to sell their share will need to file a "motion for partitioning" in the appropriate state court. A hearing date will be set at which time all concerned parties may present evidence of ownership and requests for the sale of property and the proceeds to be distributed in accordance with the titling of the property and the laws of the state. The decision as to how or if said property will be partitioned will be made by the presiding judge.
I am assuming there was no will. Generally, in the United States, the estate would pass according to the laws of intestacy where the first sister lived. If the property was in her name it became part of her estate when she died. Generally, the surviving spouse and children inherit when there is no will. If there are no children then you MAY inherit a share as a sibling depending on your state laws. You can check the laws of intestacy for your state at the related question link below. Click on the link for your state to read the text of your state law. If you think you have an interest in your sister's estate you should seek the advice of an attorney who specializes in probate to discuss your options.
Do Trust deeds have a limited liquidity?
I will assume that you mean liquidity as the quality if being readily available for cash.
A deed is simply the instrument used to transfer and convey the title to real estate. Land transferred by a deed of trust would have the same liquidity as land transferred by a quitclaim deed or warranty deed. The liquidity of the real property described in th deed would depend on such factors as the equity in the land and the present market.
Does a covenant running with the land violate the rule against perpetuities?
Generally, restrictive covenants are addressed by state laws that provide a statute of limitations. In Masachusetts, restrictive subdivision covenants that are recorded after 1961 expire after 30 years. There are different types of covenants. You would need to check the specific type you have in mind under your particular state laws.
What is a reasonable and diligent search for heirs?
First you must define "reasonable and diligent". Are we talking about a legal phrase? If so, you need a lawyer who specializes in estates and inheritance to define what will satisfy the court/law.
Answer"Reasonable and diligent" searches for heirs are often performed as part of an action regarding the title to real estate, especially "owner unknown" real estate. The standard of what is reasonable and diligent is generally defined by state laws both common law and statutory law.
The issue also arises in probate proceedings when the decedent's heirs are unknown. In both cases a diligent public records search must be performed and a public notice must be published. You need to consult with an attorney in your jurisdiction who specializes in real estate or probate law depending on your particular issue. You must follow the requirements in your jurisdiction.
A deed of assignment transfers real estate from a debtor to a creditor.
A corrective deed is executed by the former owner to correct any errors or deficiencies in their original deed of sale. A corrective deed must be drafted or ordered by the attorney who represents the present owner. Not all errors can be corrected simply by recording a corrective deed and there may be costs involved.
Option 1: The local tax assessment entity holds these records and can be obtained by anyone.
Option 2: FindPropertyOwner.com is a research firm that will conduct the needed research to identify property owners and other information about land in the entire United States.
Option 3: Several websites on the web have collected this data into databases you can search. This being the least accurate and less probable of obtaining the information you need considering they only contain limited areas.
Can a bank come after you if you are on deed but not mortgage?
No. All the owners of property must grant a security interest in the property by signing the mortgage. If you owned the property at the time of the mortgage and didn't sign the mortgage, the lender made a serious error. The lender cannot take possession of your interest by a foreclosure and you are not responsible for paying the loan.
However, if your name was added after that mortgage was granted the lender can take possession of the property by foreclosure if the mortgage is not paid, and you are out of luck. The lender cannot go to you for payment if you did not sign the mortgage and note.
How do you remove a co-owner on a deed without her consent in Texas?
You cannot take a living person's real property without their consent. The only way to transfer ownership is for the owner to convey their interest by a deed.
e-Stamping is an internet-enabled portal that gives you the convenience of stamping your documents in your office. All you need to do is to key in the transaction details and the system will automatically compute the amount of stamp duty payable. The Certificate of Stamp Duty can be printed within seconds for attachment to the document itself.
If two people own property as joint tenants with the right if survivorship and one dies the other automatically becomes the sole owner of the property. You do not need to be married and the property bypasses probate.
You would have a more serious problem if you held the property as husband and wife as tenants by the entirety. Only married people can hold as TBE. If the couple isn't married that tenancy would fail and may default to a tenancy in common. In that case, if one dies their interest passes to their heirs at law under the state laws of intestacy (unless they left the property to someone in their will) and their estate must be probated.
You can check the laws of intestacy for your state at the related question link.
If two people own property as joint tenants with the right if survivorship and one dies the other automatically becomes the sole owner of the property. You do not need to be married and the property bypasses probate.
You would have a more serious problem if you held the property as husband and wife as tenants by the entirety. Only married people can hold as TBE. If the couple isn't married that tenancy would fail and may default to a tenancy in common. In that case, if one dies their interest passes to their heirs at law under the state laws of intestacy (unless they left the property to someone in their will) and their estate must be probated.
You can check the laws of intestacy for your state at the related question link.
If two people own property as joint tenants with the right if survivorship and one dies the other automatically becomes the sole owner of the property. You do not need to be married and the property bypasses probate.
You would have a more serious problem if you held the property as husband and wife as tenants by the entirety. Only married people can hold as TBE. If the couple isn't married that tenancy would fail and may default to a tenancy in common. In that case, if one dies their interest passes to their heirs at law under the state laws of intestacy (unless they left the property to someone in their will) and their estate must be probated.
You can check the laws of intestacy for your state at the related question link.
If two people own property as joint tenants with the right if survivorship and one dies the other automatically becomes the sole owner of the property. You do not need to be married and the property bypasses probate.
You would have a more serious problem if you held the property as husband and wife as tenants by the entirety. Only married people can hold as TBE. If the couple isn't married that tenancy would fail and may default to a tenancy in common. In that case, if one dies their interest passes to their heirs at law under the state laws of intestacy (unless they left the property to someone in their will) and their estate must be probated.
You can check the laws of intestacy for your state at the related question link.
the bill of rights
It's a standard procedure ensure everything was done properly. Such as all payments were made on time and disbursed accordingly. Once the 13 is properly discharged there should be no problem in selling property.
Definitely....
No, he definitely can not sell the property, thus, the Life-Use clause protects the property from being sold during the life-time of his mother.
§ 34-11-18 Meaning of quitclaim covenants. - In any conveyance of real estate the words "with quitclaim covenants" shall have the full force, meaning, and effect of the following words: "The grantor, for himself or herself and for his or her heirs, executors and administrators, covenants with the grantee and his or her heirs and assigns, that he or she will, and his or her heirs, executors and administrators shall, warrant and defend the granted premises to the grantee and his or her heirs and assigns forever against the lawful claims and demands of all persons claiming by, through, or under the grantor."
Where can you find out if a property has any liens or judgments?
"Hire a title search attorney. They assume the liability."
Does a person have to own property free and clear in order to do owner financing?
For the most part it varies from state to state, but the majority say No
The property is subject to a lien. The question isn't whether you can sell it. The problem is that the buyer won't buy the property as long as there's a lien on it. Your attorney will need to negotiate a partial release or a full release with the lienholder if you will pay off the lien, or half of the lien, out of the proceeds from the sale of the 20 acres. If you don't pay the lien in full and the lienholder agrees to a partial payment then the lien will still be an encumbrance on your remaining property.
