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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
Consult a Notary.
AnswerYou must have a new deed drafted by an attorney or other legal professional. Deeds should always be drafted by a professional since errors made by non-professionals can be costly to correct if they can be corrected. You may need to record proof of your husband's death in the land records to clear the title. The attorney can advise you.
Is there a recission period on a second home?
No, only Primary residences can carry a recission period in certain instances.
How do you get a copy of your deed in Porter County Indiana?
Contact the recorder at the link provided below for instructions to obtain a copy of your deed.
Can a property left in a will be disposed of without vesting?
No. The deceased owner's estate must be probated in order for title to vest in the heirs legally. Until title is vested they cannot execute a deed that conveys good title.
No. The deceased owner's estate must be probated in order for title to vest in the heirs legally. Until title is vested they cannot execute a deed that conveys good title.
No. The deceased owner's estate must be probated in order for title to vest in the heirs legally. Until title is vested they cannot execute a deed that conveys good title.
No. The deceased owner's estate must be probated in order for title to vest in the heirs legally. Until title is vested they cannot execute a deed that conveys good title.
How do you change the name on a deed of a deceased person in will to person who inherits in Indiana?
You have to go through the probate process. The executor will have the ability to issue a new deed to the new owner.
How do you file a quiet title in Cleveland Ohio?
Briefly: A quiet title action isn't simply "filed". Quiet title actions are extremely specialized and can be costly. An attorney who specializes in real estate litigation must examine the title to determine what the issues are and the strength of your claim and what the state law says about those issues. The attorney drafts the complaint, files it in the appropriate court and then proceeds to trial placing your claim in the best light.
Briefly: A quiet title action isn't simply "filed". Quiet title actions are extremely specialized and can be costly. An attorney who specializes in real estate litigation must examine the title to determine what the issues are and the strength of your claim and what the state law says about those issues. The attorney drafts the complaint, files it in the appropriate court and then proceeds to trial placing your claim in the best light.
Briefly: A quiet title action isn't simply "filed". Quiet title actions are extremely specialized and can be costly. An attorney who specializes in real estate litigation must examine the title to determine what the issues are and the strength of your claim and what the state law says about those issues. The attorney drafts the complaint, files it in the appropriate court and then proceeds to trial placing your claim in the best light.
Briefly: A quiet title action isn't simply "filed". Quiet title actions are extremely specialized and can be costly. An attorney who specializes in real estate litigation must examine the title to determine what the issues are and the strength of your claim and what the state law says about those issues. The attorney drafts the complaint, files it in the appropriate court and then proceeds to trial placing your claim in the best light.
Do co-owners in fee simple each own 100 percent of the property or 50 percent each?
Although all classes of co-owners in fee simple may own a fractional interest in the whole property, each co-owner has the right to the use and possession of the whole property. That right to the use and possession of the whole property is what we call an undivided interest. The fractional interest would come into operation as the share of the proceeds if the property was sold or as a percentage of rentals and profits.
For example:
Suppose Nate and Ryan own a cabin as tenants in common. Each has the right to the use and possession of 100 percent of the property. If the property was sold, each would be entitled to 50 percent of the proceeds. If the property is rented out each would be entitled to half the net proceeds. The same would apply to joint tenants and modern tenants by the entirety.
Does joint tenancy imply right of survivor-ship in England?
Yes. The term used in the UK is beneficial joint tenancy. See related link for more information.
Which provides greater protection for the buyer a bargain and sale deed or a quit claim deed?
Neither type of deed carries any warrantees. Both simply convey any interest of the grantor in the property if the grantor has any interest. The buyer must have a comprehensive title examination performed by a professional to determine the status of the title and what interest will be conveyed by the deed.
Neither type of deed carries any warrantees. Both simply convey any interest of the grantor in the property if the grantor has any interest. The buyer must have a comprehensive title examination performed by a professional to determine the status of the title and what interest will be conveyed by the deed.
Neither type of deed carries any warrantees. Both simply convey any interest of the grantor in the property if the grantor has any interest. The buyer must have a comprehensive title examination performed by a professional to determine the status of the title and what interest will be conveyed by the deed.
Neither type of deed carries any warrantees. Both simply convey any interest of the grantor in the property if the grantor has any interest. The buyer must have a comprehensive title examination performed by a professional to determine the status of the title and what interest will be conveyed by the deed.
Your sister signed your name and removed you from the deed?
Your name has been forged and your sister has committed a criminal act. You should obtain a copy of the forged deed and make an appointment with the district attorney in your jurisdiction and discuss your options with an attorney in that office. Something should be recorded in the land records to indicate that the deed is a forgery.
Can you sell property to your child before death?
Yes, as long as it is sold at a fair market value. If it is sold for a fraction of value, the estate may be able to pull it back into the estate as a gift.
Can a sister be witness on a deed of consent?
Yes, as long as she does not benefit from the document.
What happens to a property if an ex-husband did not remove et ux from a deed before he died?
Generally, if a husband and wife own property as tenants by the entirety and they divorce, their tenancy is changed to a tenancy in common. Each would own one half interest and it would pass to their heirs at law if they died. Their estate would have to be probated. A joint tenancy might not be affected and the property would pass to the other joint tenant upon the death of the first.
The laws vary in different jurisdictions. You need to consult with an attorney in your jurisdiction who can check the original tenancy and the laws in your jurisdiction.
Generally, if a husband and wife own property as tenants by the entirety and they divorce, their tenancy is changed to a tenancy in common. Each would own one half interest and it would pass to their heirs at law if they died. Their estate would have to be probated. A joint tenancy might not be affected and the property would pass to the other joint tenant upon the death of the first.
The laws vary in different jurisdictions. You need to consult with an attorney in your jurisdiction who can check the original tenancy and the laws in your jurisdiction.
Generally, if a husband and wife own property as tenants by the entirety and they divorce, their tenancy is changed to a tenancy in common. Each would own one half interest and it would pass to their heirs at law if they died. Their estate would have to be probated. A joint tenancy might not be affected and the property would pass to the other joint tenant upon the death of the first.
The laws vary in different jurisdictions. You need to consult with an attorney in your jurisdiction who can check the original tenancy and the laws in your jurisdiction.
Generally, if a husband and wife own property as tenants by the entirety and they divorce, their tenancy is changed to a tenancy in common. Each would own one half interest and it would pass to their heirs at law if they died. Their estate would have to be probated. A joint tenancy might not be affected and the property would pass to the other joint tenant upon the death of the first.
The laws vary in different jurisdictions. You need to consult with an attorney in your jurisdiction who can check the original tenancy and the laws in your jurisdiction.
Can any liens be placed on my home if it's in an revocable trust?
Trust law is extremely complicated. And yes, an improperly drafted trust can leave your property exposed to creditors and taxes. A revocable trust implies that you maintained some control over the property. That may cause the property to be exposed to creditors. The surest way to protect property is with an irrevocable trust. You should consult with an attorney who specializes in trust law and tax law.
What is a sanitary sewer easement?
A sanitary sewer is an underground system that carries waste water and sewerage (bathroom, kitchen, laundry) away to a treatment plant.
A sanitary sewer easement is a grant from a land owner to the city or town for the purpose of constructing a sanitary sewer system on privately owned land. Also granted is the right to maintain and repair the system and control all connections to it. The easement must be acquired prior to construction. Generally, if the homeowner refuses to grant the easement the city or town can take the easement right by eminent domain. Once acquired it runs with the land.
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Who is on an ad hoc committee?
one that is formed for a particular purpose or mission. once the purpose is served it is dissolved.
What advantage is there to having husband and wife on deed and vehicle titles?
The advantage is that when/if one spouse should die during the period of ownership the property will automatically become the sole property of the other spouse without the need to pass through probate.
If your first mortgage is in the process of foreclosure that foreclosure will extinguish the second mortgage as to the real estate. The foreclosure of the first mortgage terminates all subsequent interests in the real estate. After the foreclosure the real estate can be sold free and clear of any subsequent mortgages or liens. However, the debtor remains responsible for the second mortgage debt.
Any remaining proceeds from the foreclosure sale after the first mortgage is satisfied are paid toward the second mortgage. In some states the second mortgagee can seek a "deficiency judgment" in court against the debtor. However, even when possible it's not often done due to the costs and the slim probability the debtor will have the ability to pay.
You should check your state laws.
Paying the tax on another person's real property does not result in a special warranty deed. You have your facts confused. There must be more details that you haven't included here. It might be that you failed to pay your property taxes and the City siezed your property for non-payment of those taxes.
If you were in the process of a loan modification the bank's lawyer must know of the problem and perhaps they could explain it to you. If that's not possible then you need to contact an attorney in your area who can review the situation, explain your options and clear your title.
