Property Law

Yes. Title 25, Chapter 318 of the Arizona Revised Statutes on "Marital and Domestic Relations" regulates the disposition of property. This chapter declares that the court can divide joint assets during a divorce or legal proceeding. These joint assets are referred to as "Community Property" and include property and debt that each spouse acquired from the beginning to the end of the marriage.

Any property or debt acquired outside of Arizona may also be considered as community property if it would have been considered as community property had it been acquired in Arizona. Note that there are certain restrictions to community property, which are addressed in Title 33 Property, Chapter 8: Homestead and Personal Property Exemption.

It depends on whether it is set out in the lease agreement. If there is no provision for it then you should be able to get your deposit back. A month to month lease usually has a notice provision for both the leasee and leasor. Best way to handle it is ask the landlord.

You cannot change a sheriff's deed to a warranty deed. A sheriff's deed is given pursuant to some action by a creditor against a debtor and it never passes warranty covenents. The debtor may have a statutory period of redemption. The grantee may need to obtain a confirmatory deed from the debtor to obtain good title or have the title quieted by a court decree. You need to consult with an attorney in your jurisdiction who can review the details and explain your options.

If the attorney was hired to give you a LEGAL opinion of title but was not the title examiner/reader for the issuing title agency, then it becomes a legal matter which would fall under malpractice.

If the attorney is covered by the Closing Protection Letter and/or either owned the title agency or is employed by the title agency, his/her acts may be covered by the Owner's Policy. A claim with the title underwriter for negligence of title examination or opinion on title cannot be filed if the attorney was a third party, not acting in behalf of the title agency/underwriter. The qualifier to the question is as to whether the attorney was also acting on behalf of the agency/underwriter. In many states, the attorney cannot be representing your interests as well at the agency's.

No. In the United States there are ten community property states: Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin.

it dependson the situation x just say you cant afford to have them in the house anymore due to the credit crunch x ;)

Possibly. However, the adjoining property could claim that he is the owner of the land beyond the fence you want to remove. See a real estate attorney in your area for more info on your state's laws in your particular situation.

Only if you're going to be one of the owners. A simple guarantor may have committed other collateral, and the lender would have you sign a separate security agreement naming the property being pledged.

To put it simply, real property is land, anything under the land, anything permanently attached to it, and the bundle of rights that are appurtenant to it. Personal property generally refers to everything else: the items which are movable and not a part of the land.

Personal property can be tangible or intangible. Tangible personal property is something you can touch and is movable. Intangible personal property is property that has no physical existence. Examples are: stocks, bonds, bank notes, trade secrets, patents, copyrights, professional reputation, goodwill, and trademarks. Some "untouchable" items may be represented by a certificate or license.

Generally, a trust is a legal relationship that is set up whereby one person holds the legal title to the property, the trustee, and another has the benefit of the use, enjoyment and income from the property, the beneficiary. Trust law is extremely complex. Very briefly stated, the person who sets up the trust and conveys or transfers their property to the trustee is called the trustor. Once set up properly the trust allows the grantor to remove her property from her own estate, thereby protecting it from creditors and heirs, and still enjoy the use of and income derived from it. The trust property is any personal or real property transferred to the trust such as real estate, stocks, bank accounts, etc. That property is "held in trust" by the trustee.

Absolutely. If you are sued and a judgment is rendered against you, a lien can be placed against your paid-off property. Because you have 100% equity in the property, your exemptions may not protect the property fully.

That depends on the statues and ordinences of where you live. Incorporated Cities usually have more restrictions on issues like fences then unincorporated city or county areas. Check with your local building & safety or planning agencies. Good Luck.

Then it is a separate propety state.

Under a community property system, all property acquired by either spouse during marriage, with a few exceptions (such as property acquired by gift, inheritance, or devise, or the rents and profits of separate property) is treated as "community property" meaning that each spouse owns an undivided 1/2 interest in it. At divorce, all community property is split 50/50 between the spouses. If the property can't be divided in half (basically any property besides money, including houses, cars, and other tangible property), it will be sold, and the spouses will split the proceeds.

In a separate property state, all property acquired by the spouses during marriage belongs to them individually, by default.

At divorce, property will be subject to equitable distribution (not the same as "equal" distribution), meaning that a court will divide property in a manner it thinks is fair, considering the financial situation of each spouse, the lifestyle to which they've become accustomed, etc. This may or may not result in a 50/50 split of the property.

Private property cannot be taken by the government without what ?

Basically, inheritance rights in the 'estate' of a person who died and was in a common law marriage, are pretty much the same as the inheritance rights in a 'statutory'marriage. Common-law marriages are not that common; they only exist in a very few states in the United States of America. As a general rule, and that is a very general rule, they work exactly the same as the statutory marriage. When you are married, you are married. And you and your property and relationships are controlled by marriage, not the way you got there.

it is synonymous to (section-block-lot). it is the designation that the town/village assessor gives to a particular piece of property. that number appears in the tax rolls for your town and identifies an individual piece of property as to its ownership, assessed valuation, exemptions and tax amount

In English Common Law less-than-freehold estates were the rights of tenants who leased real property. Those estates were considered personal property. A less than freehold estate has a predetermined limit of time. The most common in the modern era is a leasehold estate. A non-freehold estate involves possession but not ownership of property.

To file an injunction to stop the sale of property, you will have to fill out a special form that you can get from your local courthouse. Once the form is filled out, you have to file it with the court. You will have to prove that you have a valid reason to stop the sale of the property. You may wish to hire a lawyer to help you.

"Abatement of rent" generally means that for a period of time rent is not payable. For instance, in many leases if the rented space suffers a casualty loss, like a fire, or flood, and can't be used ("untenantable") the lease will say that the tenant does not have to pay rent. The theory is that insurance will cover the landlord for the "lost rent" and insurance will cover the tenant for its "business interruption" during the period of "untenantability". There may be other times rent will abate, but usually when there is an interference with use in some way, such as electrical service in the building going out for a week only because the landlord is slow on repairs.... And sometimes ALL of the rent is abated, and in some other cases only a portion is abated.

Because the question over extension of slavery into the new territories was raised.

The problem is that if there is some ambiguity in the location of a property line, a company that does surveying will have to come out and settle it. And there is a cost associated with this service. Additionally, there is a separate charge for taking this "official" measurement to the county offices and setting it down in county records - if there isn't one already done and marks set where you can use them. Call a local surveyor and ask for the details and costs. They handle this stuff all the time, and they'll spend a couple of minutes on the phone with you for free. Step up before the problem becomes a "real" problem and a feud erupts. Stay calm and cool. You have to live next door to neighbors for as long as either they or you are around. Best of luck sorting this out.

A "girlfriend" has no legal rights to her "boyfriend's" estate unless he left property to her in his will. Only a legal spouse or a partner in a legal civil union have rights of inheritance. You can check the laws of intestate (without a will) inheritance in your state at the related question link below.

The named executor or family can secure the property and must immediately file the will and commence the probate procedure. Until appointed by the court, an executor has no legal authority over the estate. If necessary, there is en expedited process by which a temporary executor can be appointed by the court until the executor can be appointed.