How do you obtain a court order to sell property in a partnership?
You may need to bring a petition to partition to a court of equity. You need to consult with an attorney who specializes in real estate law who can review your situation and explain your options.
See related question link.
Who is responsible for maintaining a deeded access road?
Sounds Like A Problem That You Need To Take To Your County Attorney. The Court House Records And County Attorney Will Be At Your Hand, For Information You May Need. That Is Copy Of Deed Ect. Hope This Helps
How do you apply for a court order to stop a co-owner from severing a joint tenancy?
Under long standing common law principles a property owner under a deed that created a joint tenancy has the legal right to sever the joint tenancy. A court will not prohibit that right.
Under long standing common law principles a property owner under a deed that created a joint tenancy has the legal right to sever the joint tenancy. A court will not prohibit that right.
Under long standing common law principles a property owner under a deed that created a joint tenancy has the legal right to sever the joint tenancy. A court will not prohibit that right.
Under long standing common law principles a property owner under a deed that created a joint tenancy has the legal right to sever the joint tenancy. A court will not prohibit that right.
The Texas intestacy law will be applied. In most cases the estate will be split.
Your wife owns property in her own name. Can husband get half in a divorce?
Distribution of property in a divorce proceeding is different in community property and separate property states. The nature of the property and whether it was inherited or acquired prior to the marriage are factors may be considered. You need to consult with an attorney in your area who is familiar with the laws in your particular jurisdiction.
In what system is private property found?
Private property is found in the capitalist system. More properly known as 'private ownership", history has shown that allowing individuals to own and manage their farms, factories, and businesses and keep the profits has been the world's most efficient economic system. Modern-day China's economic miracle occurred in the 1980's after Deng Sha Peng allowed private ownership, and it is worth noting the USSR's massive nationalized agricultural system was always out-performed by the smaller farm plots allowed the peasant farmers.
How can you put a dollar value on sweat equity in joint home building?
You may be looking for some other kind of answer, but it seems clear that after you put in the sweat, an unbiased professional appraisal (not a realtor's market analysis or estimate of value) will give you a good idea. Of course, an appraisal prior to the work would give you a reasonable comparison, given that you can adequately adjust for market changes between appraisals. If you are not in a position to pay for appraisals, a realtor's market analysis would be informative.
How can you change the name on a deed of a property lots?
The only way to change the name on a deed is for the owner of the property to execute a new deed transferring the property to new owners or to herself and another co-owner or through a straw and back to herself under her new name.
When the administration is closed can the administrator sell property?
No. In fact, an administrator must apply for a license to sell the property. An administrator doesn't have any authority to sell property without a court order. Once the estate has been closed the heirs at law own the property. The deed must come from those heirs.
If property is discovered after the estate is closed and the heirs wish to sell it through the estate the administrator (or another qualified person) must petition to be appointed the administrator de bonis non (of property yet to be administered) and then must apply for a license to sell the real estate.
No. In fact, an administrator must apply for a license to sell the property. An administrator doesn't have any authority to sell property without a court order. Once the estate has been closed the heirs at law own the property. The deed must come from those heirs.
If property is discovered after the estate is closed and the heirs wish to sell it through the estate the administrator (or another qualified person) must petition to be appointed the administrator de bonis non (of property yet to be administered) and then must apply for a license to sell the real estate.
No. In fact, an administrator must apply for a license to sell the property. An administrator doesn't have any authority to sell property without a court order. Once the estate has been closed the heirs at law own the property. The deed must come from those heirs.
If property is discovered after the estate is closed and the heirs wish to sell it through the estate the administrator (or another qualified person) must petition to be appointed the administrator de bonis non (of property yet to be administered) and then must apply for a license to sell the real estate.
No. In fact, an administrator must apply for a license to sell the property. An administrator doesn't have any authority to sell property without a court order. Once the estate has been closed the heirs at law own the property. The deed must come from those heirs.
If property is discovered after the estate is closed and the heirs wish to sell it through the estate the administrator (or another qualified person) must petition to be appointed the administrator de bonis non (of property yet to be administered) and then must apply for a license to sell the real estate.
What does the mutual reward theory state?
relationships are strengthened when the persons involve help or reinforce one another.
Do all heirs to an estate have the ritght to be present during all hearings?
Yes. You should receive a notice of the date of the hearing and you can attend.
How do you get a certificate of occupancy if the town does not issue them?
Generally, the local building department is the entity authorized to issue certificates of occupancy.
The "estate" is responsible for the financial obligations of the deceased, meaning that a life insurance policy is to be cashed in and/or anything that he/she owns is to be sold and the proceeds of the sale are to be used to pay his/her obligations. If his/her life insurance policy will cover all obligations, you won't need to sell any of his/her estate, otherwise, everyone expects to be paid. That is often the reason probate takes so long and people seem to believe that they never get what they diserve if/when someone dies without a will. Even WITH a will, there must be provision to pay for outstanding debt. You could only be responsible for credit card debt if you were a joint holder on the accounts. If they were his alone or anyone else named on the account was an authorized user only, they would not assume the debt.
Can they foreclose a property if the note is paid and current?
No. Foreclosure is a legal process that can be used in the case of a default only.
No. Both owners must sign the agreement to make it legal and enforceable for both tenant and landlord.
What is considered common law in Iowa?
The Iowa Code provides the following regarding common law marriage:
701-73.25(425) Common law marriage. A common law marriage is a social relationship between a man and a woman that meets all the necessary requisites of a marriage except that it was not solemnized, performed or witnessed by an official authorized by law to perform marriages. The necessary elements of a common law marriage are: (a) a present intent of both parties freely given to become married, (b) a public declaration by the parties or a holding out to the public that they are husband and wife, (c) continuous cohabitation together as husband and wife (this means consummation of the marriage), and (d) both parties must be capable of entering into the marriage relationship. No special time limit is necessary to establish a common law marriage.
If you give your property to someone else do you lose ownership rights?
Yes. In law, to give is to transfer property to another voluntarily and without compensation. In the case of real property you would need to sign a deed to make the transfer. In the case of property such as a motor vehicle, you would need to sign over the Certificate of Title.
What is the proper wording for adding a new spouse on a Quitclaim?
It cannot be done with a quit claim. The quit claim document is for relinquishing any and all rights in a property without even claiming that there were any prior rights. A quit claim will never put someone on title. It can only take someone off title. Other types of deeds will work. Legally the transfer is not all that different from a sale where the present owner is selling part of the property to the spouse. Alternatively a trust can be used where the property is put into trust the beneficial interest can be set up so both parties have an interest. You do not need to split the ownership 50/50 and there are many good reasons not to do so (tax, liability, children from a prior marriage). Different types of tenancy (joint tenants with rights of survivorship, tenants in common, etc.) should be explored prior to filing a deed if you use a deed without a trust. In order to not cause a headache down the line an attorney or title company should be consulted to make sure that your deed meets state requirements prior to filing. If you get it wrong the cost later can be quite high so do consider getting competent legal advice that is specific for your location. Some states in the US allow for a transfer between spouses or to a trust with no transfer taxes. Check the details first. I disagree with the above answer in its entirety. A quit claim deed can be used to convey property between unrelated or related parties, just as any other deed. In the state of WA, a quit claim deed will work just fine to add a spouse to title. However, being a community property state, the property is already owned by both spouses absent a written agreement to the contrary, so a quit claim deed in a community property state is just technical. The wording of a WA quit claim deed for making community property would be as followed: THE GRANTOR, Eyeman Example, for and in consideration of Creation of Community Property, conveys and quit-claims to Eyeman and Eufora Example, husband and wife, and the marital community composed thereof, the following described real estate, situated in the county of Nita, State of Washington, together with all after acquired title of the grantor therein: (complete legal description and parcel no. of property goes here) Dated: (Today's date) _________________________ Eyeman Example State of Washington ) ) ss County of Nita ) I certify that I know or have satisfactory evidence that Eyeman Example is the person who appeared before me, and said person acknowledged that he signed this instrument, and acknowledged it to be his free and voluntary act and deed for the uses and purposes mentioned in this instrument. ____________________________ Notary Public
Wife statute of limitation to claim property after husband death if there is not deed?
You would need to check the laws in your state to determine what your rights are. You should seek the advice of an attorney asap.
How do you change a deed in Massachusetts?
If you live in one of the counties that uses the MassLandRecords system you can get a copy free online. If your county is not part of that system you can get a copy at your local Registry of Deeds for $1 per page in person or by mail. The link for MassLandRecords is provided below.
If you click on your county and the address bar still reads MassLandRecords after connecting to that County Registry of Deeds you can print a copy for free by running a grantor search on your name and looking for your deed among the results. Click on that line and then download the document. It should open in a PDF file that can be saved and printed. Do not use the "new trial version" offered at the site since that new version is extremely cumbersome to use and requires the latest in software to run, if you can get to run at all.
Can a bank put a second mortgage on a property without notifying the owner of the property?
In most states and with most banks, the answer is no. It can get complicated in a couple of states though. I am aware of several cases where a more that one person was on title for a home. Only one of them applied for and received a second mortgage, the other was not aware.
It is best to check on your state laws.
If you are the only one on title, I can not see this happening with a 2nd mortgage.
What is a large piece of land usually given to its owners by?
Land is acquired by deed, by a court order and by inheritance.
Land is acquired by deed, by a court order and by inheritance.
Land is acquired by deed, by a court order and by inheritance.
Land is acquired by deed, by a court order and by inheritance.
In Mississippi if you inherit property can you sell it immediately?
Once title has been transferred to your name you can do anything you wish with it. But you have to wait for the estate to clear the title and transfer it first.
That depends on how they held tenancy. If they held with the right of survivorship then the surviving spouse would own the property. There would be survivorship rights in a tenancy by the entirety or a joint tenancy with the right of survivorship. If they held as tenants in common others may have an interest in the property if the decedent didn't devise their share to the surviving spouse by will.