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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
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.
Where can I get a Sample of a corrective deed?
You really can't get a sample since we do not know what error was made in the original deed. Corrective deeds must be drafted to address a particular set of facts and errors. You should consult an attorney who specializes in real estate law who can review your situation and explain the solution. Errors made by non-professionals can be costly to correct. Non-professionals who execute "corrective" deeds often make more errors and the problem grows.
You need to check your state laws of intestacy. You can check your state at the related question link below.
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Does the grantor have any rights to build on the property?
Not unless he reserved that right in his deed.
The grantor is the party who transfers ownership of land to the grantee in a deed. He cannot build on the land because he no longer owns it. The grantee is the new owner.
Not unless he reserved that right in his deed.
The grantor is the party who transfers ownership of land to the grantee in a deed. He cannot build on the land because he no longer owns it. The grantee is the new owner.
Not unless he reserved that right in his deed.
The grantor is the party who transfers ownership of land to the grantee in a deed. He cannot build on the land because he no longer owns it. The grantee is the new owner.
Not unless he reserved that right in his deed.
The grantor is the party who transfers ownership of land to the grantee in a deed. He cannot build on the land because he no longer owns it. The grantee is the new owner.
Can you force a remainderman to relinquish his share?
No, you cannot force a person to relinquish his share in the property.
Your daughter owns a half interest in the property. There is nothing you can 'do'. Obviously she doesn't want to give up her interest in the family home so that it can be conveyed to a new wife. She may view her interest as her right to her mother's interest in the family home.
Is an Irrevocable Trust still valid if the Deed filed predates the date of the Trust?
Trusts and trust law are complicated areas of law and should not be tinkered with by an unprofessional. Trusts need to be drafted and managed by a professional, especially when real property is involved. You need to consult with an attorney who specializes in trust and real estate law in your jurisdiction. You should take a copy of the trust and the deed in question with you so they can be examined by the attorney. The attorney will then need to review the land records for the particular property to determine what deeds have been recorded. It will take some research to determine the status of the property.
I wish to add my wife's name to my deed Do I use quitclaim or Bargain Sale deed?
you can use quit claim deed
How do you prepare a letter to remove someones name from a property deed?
You cannot remove someone's name from a deed with a letter of any sort. That person needs to sign a deed that transfers their interest in the property to a new owner.
You cannot remove someone's name from a deed with a letter of any sort. That person needs to sign a deed that transfers their interest in the property to a new owner.
You cannot remove someone's name from a deed with a letter of any sort. That person needs to sign a deed that transfers their interest in the property to a new owner.
You cannot remove someone's name from a deed with a letter of any sort. That person needs to sign a deed that transfers their interest in the property to a new owner.
How is real property divided when one of the signers or owners dies?
Depends on the state law, of the state the property is located. Typically, if there is no will, or a will with no dictation of the property, then the property goes to the co-owners by default. Same with bank accounts. * The wording of the titling of real property always determines how said property can be partitioned, sold or transferred.
Is it possible to put a lien on someone's house or property after thirty years?
I doubt it. The longest statute of limitations is usually ten years and most credit related items run out after a half dozen years or less, in some states as few as two years. If the lien is related to a mortgage, the date is based on the mortgage dates.
What states are community property?
COMMUNITY PROPERTY STATES
• Arizona
• California
• Idaho
• Louisiana
• Nevada
• New Mexico
• Texas
• Washington
• Wisconsin
Alaska is an opt-in community property state; property is separate property unless both parties agree to make it community property through a community property agreement or a community property trust.
How long does it take to transfer a name to certain property?
That all depends on the details. If the property is all paid for and the owner wants to transfer it to a new owner (such as a family member) she only needs to have a deed drafted, signed and recorded. It could be accomplished in a couple of days.
However, the new owner should have the title examined to determine that the title is clear and the seller is the owner, the only owner. If there will be a mortgage the title will need to be examined. If there are any problems found it will take longer. If there is an outstanding mortgage or other liens it will take longer.
Ostensible owner is the one who is not the real owner but is permitted by the true owner to act on his behalf.
What is your right as a domestic partner for 13 years in Texas concerning a property?
Texas state law is not going to help a domestic partner obtain ownership of real estate, since the term "domestic partner" is meaningless under Texas state law.
The property can be transferred to your name but it will still be subject to the lien. You should consult with an attorney who can review the situation and explain your rights and options.
The property can be transferred to your name but it will still be subject to the lien. You should consult with an attorney who can review the situation and explain your rights and options.
The property can be transferred to your name but it will still be subject to the lien. You should consult with an attorney who can review the situation and explain your rights and options.
The property can be transferred to your name but it will still be subject to the lien. You should consult with an attorney who can review the situation and explain your rights and options.
Why would you create a tenancy by the entirety?
A tenancy by the entirety provides the maximum protectionthat can be acquired by deed. A tenancy by the entirety is a joint tenancy reserved for legally married couples that protects the property from being seized and sold by a creditor of one of the parties. The survivorship rights of either party cannot be severed.
In most jurisdictions one party cannot sell or mortgage their interest without the consent of the other party. 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.
What is the definition of reciprocal easement agreement?
reciprocal easements - easements typically found in multioccupant commercial or residential planned developments in which common areas are set aside for the use and benefit of all the occupants. Such easements provide for the mutual and nonexclusive use of parking, sidewalks, elevators, escalators, recreational amenities, and the like.
My wife died and her mother left her everything who will get it her living sister or me?
Did the mother have a will? Or did she die intestate (without a will)? And did the mother die before or after your wife? It could make a difference in some places. If your mother-in-law died before your wife, and her will left it all to your wife, the money will go into your wife's estate. If the mother-in-law's estate had already been settled, it will already be in your wife's estate. The will should dispose of wife's property, including inheritance, if any. Without a will, state laws of intestacy will determine what, if anything, a surviving sibling gets beyond what surviving spouse (and any children) get. See a probate attorney immediately for details on your case.
Is it illegal to quick claim deed to someone other than family?
To start with, it is a "quit" claim deed. And basically you are relinquishing your share of the property to someone else. This usually happens when there are two names on the deed and one wants out of ownership. They usually quit claim deed their share to the other person on the deed. Family has nothing to do with it. The only thing that MIGHT affect this transfer is if it was agreed upon prior to taking ownership of the property that it can only be transferred to someone within the family. Rare, but who knows, this stipulation might exist.
In most states one tenant by the entirety cannot transfer their interest in the property.
