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Joint Tenancy Warranty Deed vs Divorce Decree If a warranty deed is in Joint Tenancy and a divorce decree says its a 60 40 split which document rules?
Wiki User
∙ 13y ago
Ok the property is held in joint tenancy which means upon the death of one of the joint tenants, the property, by operation of law, passes to the Survivor. The Divorce Decree (Judgment) does not effect this. Now if a memorandum of the Divorce Decree was recorded it would become a lien on the property and would eventually have to be satisfied from a sale.
If both of the joint tenants are alive, the Divorce Decree controls. If one of the joint tenants dies the estate of the deceased joint tenant would have a claim against the surviving joint tenant under the Decree.
Tony B.
Wiki User
∙ 13y ago
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What judgment changes tenancy in entirety to tenancy in common?
A judgment of divorce.
What a joint tenancy warranty deed?
Both deeds transfer the ownership of real estate to a new owner. However, they relate to different aspects of ownership.A warranty deed guarantees that the grantor will defend her title to the property if any title defects arise during the period of ownership of the grantee.A joint tenancy deed provides how the grantees will hold title. By virtue of a joint tenancy, the interest of a joint tenant who dies passes automatically to the surviving joint tenant with no need of probate.Both deeds transfer the ownership of real estate to a new owner. However, they relate to different aspects of ownership.A warranty deed guarantees that the grantor will defend her title to the property if any title defects arise during the period of ownership of the grantee.A joint tenancy deed provides how the grantees will hold title. By virtue of a joint tenancy, the interest of a joint tenant who dies passes automatically to the surviving joint tenant with no need of probate.Both deeds transfer the ownership of real estate to a new owner. However, they relate to different aspects of ownership.A warranty deed guarantees that the grantor will defend her title to the property if any title defects arise during the period of ownership of the grantee.A joint tenancy deed provides how the grantees will hold title. By virtue of a joint tenancy, the interest of a joint tenant who dies passes automatically to the surviving joint tenant with no need of probate.Both deeds transfer the ownership of real estate to a new owner. However, they relate to different aspects of ownership.A warranty deed guarantees that the grantor will defend her title to the property if any title defects arise during the period of ownership of the grantee.A joint tenancy deed provides how the grantees will hold title. By virtue of a joint tenancy, the interest of a joint tenant who dies passes automatically to the surviving joint tenant with no need of probate.
Does divorce decree take precedence over original recorded property deed?
Yes. If the couple acquired the property as tenants by the entirety, a survivorship tenancy reserved for married couples, their tenancy would change to a tenancy in common after a divorce.Also, a divorce decree can order one party to transfer property to the other. If they refuse to execute a deed, the divorce decree can serve as the legal transfer in Massachusetts and other states.Yes. If the couple acquired the property as tenants by the entirety, a survivorship tenancy reserved for married couples, their tenancy would change to a tenancy in common after a divorce.Also, a divorce decree can order one party to transfer property to the other. If they refuse to execute a deed, the divorce decree can serve as the legal transfer in Massachusetts and other states.Yes. If the couple acquired the property as tenants by the entirety, a survivorship tenancy reserved for married couples, their tenancy would change to a tenancy in common after a divorce.Also, a divorce decree can order one party to transfer property to the other. If they refuse to execute a deed, the divorce decree can serve as the legal transfer in Massachusetts and other states.Yes. If the couple acquired the property as tenants by the entirety, a survivorship tenancy reserved for married couples, their tenancy would change to a tenancy in common after a divorce.Also, a divorce decree can order one party to transfer property to the other. If they refuse to execute a deed, the divorce decree can serve as the legal transfer in Massachusetts and other states.
In Colorado what happens to your home if you die and your spouse is an owner by a Quitclaim Deed but is not named on the General Warranty Deed?
Assuming that one party acquired the land by virtue of a warranty deed and then conveyed it to himself or herself and spouse by a quitclaim deed, that would be effective as long as the deed was drafted properly. You need to check the tenancy created in the most recent deed. If it is a joint tenancy and one owner dies the survivor owns the property automatically. Deeds should always be drafted by a professional. Errors made by non-professionals can be costly to correct if they can be corrected.
What is the examples for Implied warranty as to quiet possession?
There is a covenant of quiet enjoyment that exists in every rental agreement or tenancy. There was a court that held that the ringing of a smoke alarm for over one day was an interference of the tenants' right to quiet enjoyment of the premises.
How do you change a right of survivorship in a divorce situation?
That is an important issue that you should discuss with the attorney who is representing you in the divorce. In some jurisdictions a tenancy by the entirety is automatically converted to a tenancy in common at the time of the divorce. In the case of joint tenancies you may need to change the tenancy by executing a deed. As for bank or investment accounts, joint accounts should be closed and on any sole accounts the beneficiary designations must be changed as soon as possible.
How can a joint tenancy created by a warranty deed be changed?
In some states a joint tenancy can be extinguished by one party executing a deed of their interest to a new owner who would then become a tenant in common with the other joint owner. State laws differ on whether a joint tenancy between married individuals can be severed. You should consult with an attorney in your state who specializes in real estate law. Deeds should always be drafted by a professional. Errors made by non-professionals can be costly to correct if they can be corrected.
What if you have a General Warranty Deed with your brother and he dies unmarried does the property become yours?
A general warranty deed guarantees that the grantor is conveying clear title to the property. It does not govern who gets the property when one co-grantee dies. The passing of the interest of a co-owner upon death is addressed by the tenancy recited in the deed. If no tenancy was recited you both acquired the property as tenants in common and if one dies that interest would pass according to their will or if intestate, as intestate property. If you acquired as joint tenants with the right of survivorship then your brother's interest would automatically pass to you and you would become the sole owner of the property. See the related question below for state-by-state intestate property laws.
Are Joint Tenants with a right of survivorship the same as Tenants In Common?
No they are different types of real property co-ownership. Tenancy in common is a type of co-ownership where two or more people ("tenants in common") own the property. It is the default tenancy in many jurisdictions when the tenancy is not stated in a deed with multiple grantees. Tenants in Common:Can own the property in equal or unequal sharesHave the right to the use and possession of the whole of the propertyPass on their share of the property to their heirs when they dieIn a joint tenancy the desire to create a joint tenancy with the right of survivorship must be so stated in the deed. The interest of any deceased joint tenant passes automatically to the surviving joint tenants. A joint tenancy is created only if the following four conditions, called the Four Unities, are met:Time- All the tenants acquired their interest at the same time.Title- All the tenants have the same title.Interest- All the tenants have an equal share.Possession- All tenants must have an equal right to possess the property.
If children are involved and there is a joint tenancy in property with right to suvivorship to the ex-wife?
You should seek the advice of an attorney. If the right to survivorship was created prior to the divorce it may have automatically changed to tenants in common when the divorce decree was entered in certain jurisdictions. However, in other jurisdictions the divorce would have no effect on a joint tenancy and the sole ownership would automatically pass to the survivor.
If divorced what happens to the survivor deed?
It does not void the deed in its entirety. A divorce voids the survivorship factor in a tenancy by the entirety because only married people can hold property as TBE. In most states the TBE would default to a tenancy in common but state laws vary and you would need to check your state laws. It does not void survivorship in a joint tenancy with the right of survivorship since unmarried people can hold property as JTWROS.It does not void the deed in its entirety. A divorce voids the survivorship factor in a tenancy by the entirety because only married people can hold property as TBE. In most states the TBE would default to a tenancy in common but state laws vary and you would need to check your state laws. It does not void survivorship in a joint tenancy with the right of survivorship since unmarried people can hold property as JTWROS.It does not void the deed in its entirety. A divorce voids the survivorship factor in a tenancy by the entirety because only married people can hold property as TBE. In most states the TBE would default to a tenancy in common but state laws vary and you would need to check your state laws. It does not void survivorship in a joint tenancy with the right of survivorship since unmarried people can hold property as JTWROS.It does not void the deed in its entirety. A divorce voids the survivorship factor in a tenancy by the entirety because only married people can hold property as TBE. In most states the TBE would default to a tenancy in common but state laws vary and you would need to check your state laws. It does not void survivorship in a joint tenancy with the right of survivorship since unmarried people can hold property as JTWROS.
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.
