Deeds and Ownership

Absolutely yes. If the wife agrees to be responsible for paying the note then she should also be included as a tenant by the entirety or joint tenant with the right of survivorship on the deed. She should not sign the note until she has been so added to the deed.

You should file a certified copy of your lien with a notice of claim at the probate court where the decedent's estate has been filed for probate ASAP. A decedent's debts must be paid before any property can be distributed to the heirs.

Bulky

Yes. The discharge must be from the correct party (the bank who is the present owner of record of the mortgage) and must be recorded in the land records. It must state that the mortgage has been satisfied or some other language to that effect.

A deed is not "assumed" they are transfered. A mortage ( the loan) could MAYBE be assumed. Although it was something done a lot more some years ago, not as many mortages today allow this. If you are in fact, referring to a mortgage and not the title to the property, check your paper work or contact the lender. ALSO:Some states still insist on using archaic terms in their real estate laws. To make certain that you are knowledgeably speaking about what you are referring to, contact an attorney or real estate broker for clarification.

if the majority owner agrees Yes, a new deed can be made and signed by the current owner and new owner. it must be witnessed and notorized. Monies need not be transfered, except to pay for the process to be complete and deed recorded with the county. There has to be consideration, even if it's in the form of $1.00!

If mother's will gave her real property to her son and gave her nephew the right to live in the property then her nephew has a life estate. Her son must follow the provisions in the will. You should consult with the attorney who handled the estate to determine what your rights and obligations are.

The estate deeds it to the heir. If the other heirs have rights in the property, they need to be paid for their share of the property, either by compensation from the estate (if the total estate is worth 5 times the value of the property) or the person getting the deed pays them off for their share of it.

This depends on the state you are in.

Normally the person staying in the home will need to "buy out" the other person, if they have the means to do so. They will refinance in their own name and pay the party leaving the house an amount equal to 50% of the equity.

Some times a judge will order the home sold and the proceeds split in some manner.

Inherited property is not generally considered community property. However, if the property is located in another state, the property laws in that state govern. For example, California is a community property state. If the married couple from California inherited land in massachusetts, that land would not be held as community property since Massachusetts is a separate property state. If the California wife purchased property in her own right in massachusetts it would not become community property of the marriage. Massachusetts law would govern the ownership of the property.

In many jurisdictions, a "lien" is merely a reference to a potential claim to some portion of value represented in the property. Until the lien is foreclosed, there is no possessory interest, but at foreclosure by the lien-holder, the property can be liquidated and the value of the lien withdrawn from the proceeds.

You can certainly buy, sell, pledge, mortgage, gift, or otherwise transfer property with one or more liens (recorded or not), as long as the recipient is willing to accept the risk that the lien's value may be forfeited some day.

Clarification: Perhaps you could describe your lien more fully but I am assuming you believe you have a prior lien on the property. Where is notice of this lien located? If there is notice of your lien then the lender has missed it and their mortgage is subject to your lien. If they need to foreclose down the road they would need to pay you off. Could you be more specific? For instance, in Massachusetts there may be "constructive mortgages" that arise in divorce cases where one party is ordered to pay something to the other party at some future time or if some action occurs. The H may be ordered to convey his interest to W but she is obligated to pay him a certain sum if the property is sold or refinanced. That would constitute a constructive mortgage and would be senior to any subsequent mortgage. Some title companies don't check divorce records for such encumbrances. We must in Masachusetts because that court can affect title to real estate.

The remaining life tenant has the right to the use and possession of the property for life. Upon the death of the remaining life tenant your husband will own the property absolutely, free of the life estates.

Only if they want to be removed. They have a property right and only they, or a court order, can remove them.

A division of the property must be done by all three owners. If there are three joint owners each one owns a one-third undivided interest in the WHOLE property. It can only be partitioned by a court.

That depends on how the property is titled. For instance judgments for federal and/or state tax can result in liens against almost any property. Forced sale of property depends on how the property is titled and the state statutes where the property is located that pertain to homestead exemption(s).

A foreclosure sale is set unless the default is vacated, by the filing of a pleading for instance.

This is an extremely broad topic and can only be addressed very briefly.

Women could own property in various places and times throughout history but most men routinely did all they could to prevent it by passing laws that benefitted men whenever the opportunity presented itself.

Ownership of property brings power and wealth. Some of the earliest human societies and cultures were matriarchal and tribal lands passed through the mother. However, women are always in a vulnerable position because of child bearing and men gradually subjugated women so that husbands and wives were considered one and that one was the husband. In many times and places women had no separate existence under the law and any property she owned or inherited became her husbands property when she married. Unmarried women and widows had the best chance at owning and controlling their own property. In some times and places they required a male guardian to act for them.

Fortunately there were always fair minded men who treated their wives and daughters well. Those men were not always happy that their own lands would pass to their sons-in-law to sell or squander when they died and their daughters inherited their property. Trusts evolved to address that problem. Property could be placed in a trust when a father wanted to make certain the land would always benefit his daughter.

In modern Western cultures, women have the same property rights as men wherever private ownership of property is allowed. Women have full rights of property ownership in the United States, Canada, United Kingdom, and Europe.

In most regions in Africa and Asia women are still denied the right to own and inherit real property. In many places rights come and go as unending political conflicts come and go. This exclusion of women from owning land keeps them and their children in squalid conditions in the overcrowded cities and it keeps them poor. Widows are evicted upon the death of their husbands and women can be evicted from their marital home when their husband takes a second or third wife. On the other hand, although women often make up the majority of small farmers they are not allowed to own the land they farm. However, throughout Africa women are finding a voice and things are changing slowly.

Pakistan has recently set aside land to be distributed to women. The men are angry and fear this will encourage women to seek a more active role in other areas of life. Men have historically taken control of all land. To prevent this from happening the newly distributed land cannot be sold for at least 15 years and the heirs can only be female next-of-kin. This program is meeting up with strong resistance at every step in the process. It will be interesting to see how and if it continues.

Swaziland (2010) has recently granted women the right to own and control property in their own name.

Bolivia has recognized the right of women to own and control their own land since 1996 but the stubborn patriarchal traditions in the villages still deny those rights. This highlights a major problem for women everywhere: Although the law may be on their side the long-standing social and cultural customs deny them their rights under the law and the government doesn't do what's necessary to guarantee their rights.

The "parties on the deed" are the owners of the property. The proceeds go to the owners. The proceeds wil be split 50-50 if there is a conflict about the distribution and as long as there is no language in the deed creating a different scheme of ownership.

not a lot

Generally a bank does not knowingly loan money on real property unless all the owners sign the mortgage. In case of a default the bank wants to be able to take full possession of the property by a foreclosure proceeding. If only one joint owner signed the mortgage the bank can only take possession of that person's interest in the property. Such a situation is not in the best interest of the bank. Banks don't usually seek situations where they will become a tenant in common with some other person. When only one joint owner obtains a mortgage it is usually due to the error, malpractice, poor business practices or lack of experience of the lender's representative. However, if you have made the decision to be the mortgagee on a loan by one joint owner you generally need to have that owner execute a note and a mortgage. You should check your state laws for the requirements to acquire an effective interest in the property as a mortgagee. You should also consider the possibility that you may become a co-owner with the other non-mortgaging party if the mortgagor defaults.

"Deeded lake rights" is a non-technical reference to some type of easement rights relating to a lake. It most commonly means a property that doesn't abut the lake has the right to use a beach or other access to the lake. Generally the easement runs with the land and will transfer to subsequent owners along with any transfer of the property.

Fee simple ownership describes the absolute ownership of real property.

A leased fee interest describes an ownership interest of a property that is under lease.

A "combination" of those two concepts would result in the "leased fee" ownership description.

lucio tan or danding cojuangco