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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

What good things did Jomo Kenyatta do?

He helped fight for Indepence in Kenya allowing blacks freedom of slavery that is why he is a national hero with a really big statue in Kenya.

Your father in law passed away and the lot where you live was in his name only does his wife now own that lot?

First, your father-in-law's estate must be probated for title to his real estate to pass to his heirs. He may have a will. That should be examined to see if he devised the lot to you. If not his estate will passed according to the laws of intestacy of your state. His wife would acquire full interest or a proportionate interest with his children depending on the law and the size of the estate. You can check the intestacy laws in your state at the link provided below.

Is New York a community property state?

No. New York is an equitable distribution state when relating to marital property. The "CP" states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico Texas, Washington State and Wisconsin

If a driver changes lanes and causes you to run off the road to avoid hitting him and possibly causing a pileup is he responsible?

Possibly. It depends on the circumstances of the incident. When you ran off the road did you hit anyone else? If you did unfortunately in todays day in age you are somewhat responsible especially if you hit them rear ended. If he illegally changed lanes without yielding and there were witnesses and or others affected he could be liable and can be fined anywhere from $95.00 to $170.00 with 4 demerit points assigned. If you need a more specific explination, e-mail me the details of your occurance.

What is a community property state?

This means that when two people are married their property is divisible between them. A good example is the division of assets when two people divorce. This also applies to debts of those people (in TX at least)

Is it illegal to not transfer a title to a house that you inherited?

Unsure exactly what it is that is being asked. (for example) If you inherited your deceased parents house, which was formerly in their name, you would be foolish NOT to transfer it into your name. As to being "illegal" - probably not - but you very well might incur some administrative costs and penalties if the County's tax and real estate records are not brought up to date.

Can I sign a quit claim deed if i am sued?

If you execute a deed that transfers your property in order to avoid creditors the court can set aside that conveyance and nullify that deed. You should discuss that situation with your attorney ASAP.

My father made me joint owner of his property before he died and now my siblings want a share of his estate. What should I do?

If your father transferred his property to you and he as joint tenants with the right of survivorship his interest passed automatically to you when he died. You are the sole owner of his property and there is no estate that needs to be probated. He wanted you to own the property. You have the right to explain that to your siblings and turn down their requests for a share of his estate. Depending on the size of the estate, you could volunteer to share but no one has the right to demand a share.

What rights does a person have with three names on a deed?

If you acquired property by a deed with two other people, and no special proportionate interests were mentioned, you each have the right to the use and possession of the whole property. If you sell your interest your grantee would receive a one-third interest. If the property is sold each co-owner will receive one-third of the net proceeds.

What is communal land ownership?

Communal land ownership is where a group or culture owns the land, and not the government, a company, or an individual. In America, this is not a common concept anymore, since land that is not privately owned is owned by the local, state or federal government. This type of ownership still exists in some parts of the world, though.

Communal land can be described as used or shared in common by everyone in a group or community. In that sense, a public park or town common (both owned by the town but dedicated to public use) might be considered modern communal land.

If a brother's name is on the deed before he is married does his wife inherit the property if he dies or persons on the quit claim deed?

Your question seems to imply there is another person on the deed with your brother. What happens to the property upon his death depends on how the property is held. If the deed granted the property as joint tenants with the right of survivorship the title automatically passes to the surviving joint tenant. If the property was acquired as tenants in common and the brother died intestate then his interest would pass to his next of kin and his wife would likely inherit his half interest in the property. You may need to seek the advice of an attorney who specializes in probate in your area.

You can check the laws of intestacy at the related question link below.

What is the perimeter of 0.6 acres in feet?

If the shape of the area is a square and its area is 0.6 acres, then its perimeter is 646.6 feet (161.65 feet on each side).

If property is conveyed to another party does that party now own the property?

Yes. And if it was subject to liens that weren't paid off when the property was transferred then the property is still subject to those liens and those creditors can still go after it.

Want to 1031 into a Property You Already Own?

There are times when an investor may want to sell one of his properties and invest its proceeds in another he owns. In the past the IRS forbade 1031 exchanges in such cases, however, today there are means around it. It is known as an "advanced built to suit" transaction and though it has never been explicitly supported by the IRS, it has been upheld by private letter rulings.

The difference between the advanced build to suit transaction and a typical tax deferred exchange (or one with a build to suit component) is the type of property designated as replacement property. In a build to suit tax exchange, the replacement property is owned by a third party, with Exchange Accommodation Titleholder (EAT) obtaining the replacement property's title, which it holds while the property undergoes its improvements. In the advanced build to suit transaction, the taxpayer is attempting to transfer funds into property already owned by him. However, Rev. Proc. 2004-51 places restrictions on using replacement property owned by the taxpayer within 6 months of the exchange. Thus, the taxpayer is unable to accept either "assignment of the LLC or direct deeding of the Replacement Property after the improvements have been made directly."

In order to complete this arrangement, the taxpayer must enter into a 1031 like-kind exchange agreement with a QI, after which he enters into QEAA and Construction Management Agreement with the EAT. He would then send cash or agree to a loan with the EAT, allowing the EAT to purchase replacement property and carryout the improvements. The EAT then acquires title to the replacement property and sets it up in a LLC. The EAT also has authority to appoint a Taxpayer General Contractor under the Construction Management Agreement, who acts as Fund Control, making disbursements as construction commences. After 180 days, the QI will direct the EAT to transfer the replacement property directly to the taxpayer, this is accomplished by handing over control of the LLC to the taxpayer.

If completed correctly, with the right guidance and supervision, this transaction allows investors to greatly improve their own properties and consolidate their holdings. This flexibility can be extremely beneficial during recessions or other economic downtimes, when ancillary properties become less valuable and the need to improve core ones increases. Thus, the advanced built to suit exchange gives investors another tool to use in the marketplace.

What two characteristics of land produce run off?

the two characteristics of land are slopes and mountains.

If you own property with another partner and want to take a line of credit to pay off bills does the other owner have to be involved with the process?

The standard procedure of granting a mortgage requires that all owners sign the mortgage. When only one co-owner has signed that is usually due to someone's serious mistake or some special arrangement with the lender who is aware they are only acquiring a half interest in the property. One person cannot encumber the other person's interest. If only one co-owner granted a mortgage and the borrower defaulted then the lender could only foreclose on the interest of the person who granted the mortgage. The lender would become a tenant in common with the other co-owner who didn't sign the mortgage. Both would then be entitled to the use and possession of the property. Careful lenders avoid that sort of situation by examining the title to determine if there are outstanding liens AND to determine the legal owner of the property.

If one persons name is on the deeds and they are married does this entitle them to anything in a divorce?

In community property states, YES, unless that's changed. However, even if only one person's name is on the deed, a judge may grant the other party a percentage of assets, depending on the circumstances. A woman (or a man) is usually entitled to something, unless a prenuptial agreement was signed beforehand.

If a woman marries a man and does not enter into a pre-nup, and he keeps all deeds in his name, and she stays and supports him (by taking care of his needs, thus helping him to further prosper), then the judge may grant her whatever he (or she) deems suitable.

Now, if the deed is in the name of the man (or woman) only, and they are widowed, the next of kin claims the assets. If there are children from a previous marriage, or even from that marriage, the widow is entitled to a child's share. If there are 3 children and a surviving wife, they would each get 1/4, after expenses are paid.

If I'm wrong on this, correct me - laws and statutes vary from state to state.

Can a person quit claim a property back to you without your permission or signature?

Technically, that could be done. Generally, a grantee doesn't need to sign a deed. An owner of property could execute a deed and then record it in the land records unbeknownst to the grantee. However, the grantee would be made aware of the transfer when the tax bill arrived.

How can I find out who owns this house?

The best place to ask is the Estate Agent you were going to buy the house from.

What does Acknowledged the deed of the deed in their presence to be his act and deed for the purpose there in contained witness your hand mean?

Although a bit jumbled, those are some of the words used when a person signs a document and the signature is acknowledged by an authorized officer such as a notary. It certifies the signature as being made under the free will of the signer and that it is genuine.

If a guit claim deed was notarized two weeks after it was signed and the date changed with whiteout can I file Estoppel by deed?

Honey Get you a lawyer that can better serve you get a phone book and call to see if you may get a free consultation or you might have to pay alittle, $ but I pray not Embezzlement occurs when money or property given briefly to a trusted person gets transferred permanently to them. Usually they use false records to hide the transfer I pray that you can resolve this issue. I will pray that you will get the help you need...Say this....thats if u like.... The Lord is my Sheppard I shall not be in want advise him that you need help talk to him as if you were talking to a friend his always there to help you ,and I pray that you will be comfort in all your troubles and that you will be cure of your illneses.....Be of courage and willing for the Lord will never trespass and hurt you. With Love & Honesty Norami

Can probate stop the sale of real estate already in progress if the owner dies?

It can delay the closing but if the decedent fully executed a P&S agreement it is an encumbrance on the real estate. The delay would be in obtaining a deed from the estate. The executor or administrator must have or obtain the power to sell the real estate. You should consult with an attorney who specializes in real estate law.

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