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Recent Tenancy in Common questions

In New Mexico real estate law, will the granting language in

In New Mexico real estate law, will the granting language in a deed to "A & B, Husband and Wife, as Joint Tenants" but WITHOUT the follow on language "with rights of survivorship" give a surviving spouse survivorship rights without more so that the surviving spouse automatically by this form of ownership owns the whole property -- or is it the equivalent of tenancy in common?

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Ely

Counselor at Law

Juris Doctor

69,504 satisfied customers
Just want to know if you can change percentage ownerships in

Just want to know if you can change percentage ownerships in a tenancy in common real estate property.JA: Have you talked to a real estate attorney about this?Customer: Not reallyJA: Has anything been filed or reported?Customer: No nothing yet, just wanting to know how to change ownership percentages.JA: Anything else you want the lawyer to know before I connect you?Customer: One of the tenants in common is a 401K trust

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Loren

Juris Doctor

44,772 satisfied customers
30 years ago, my parents bought a house/property together

For BarristerAbout 30 years ago, my parents bought a house/property together with my aunt and uncle.They are all in their 60s now, with most, having major health issues.There are 2 homes on that property: The main house, a garage that was converted to a house.My uncle lives in the main house, my parents LIVED in the converted house but have since moved out and are renting out their portion of the house for rental income.For many years, we've been wondering how to resolve this without having an all out family battle.My uncle has been harassing my dad about just giving him the house completely...so that he can collect the rental income.All 4 have sacrificed so much to buy this house.Since my dad does not want to start a feud, my suggestion to my mom was to add my brother and 1 cousin to the deed.She thinks that is a good idea but my dad does not want to do anything that involves lawyers or drawing up legal paperwork.My next thought was...maybe my parents can avoid the fight and just leave their portion of the house to my brother in their will. Neither side is willing to sell the house.Can my parents just leave their portion of the house to my brother, in their will?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

54,018 satisfied customers
I have joint tenant with right to survivorship with parent

I have joint tenant with right to survivorship with parent that sold me home for a dollar can either 1 of us change the deed add another name or the likes with the other not knowing.JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: pennsylvaniaJA: Has any paperwork been filed?Customer: deed recorded 2001 in both namesJA: Anything else you want the lawyer to know before I connect you?Customer: would it be unwise to change because of look back if parent put in nursing home.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

54,018 satisfied customers
I was wondering about tenancy in common laws... Baltimore,

Hi, I was wondering about tenancy in common laws...JA: Where is the property located?Customer: Baltimore, Maryland. my house was inherited to me and my three brothers in 2003 when our mother passed away. Each owning 25%. My three brothers all own their own homes, but I was left to pay the annual property tax and such every year. there was no written agreement to this, they just put it on me to pay the taxes. I live in the house with my 2 daughters and granddaughter. My brothers now want to sell the property but I do not. what are my rights and/or what can I do.JA: Has any paperwork been filed?Customer: they have not filed anything. It was send in my mothers will/deed alll four of us own 25% of property as tenancy in common.JA: Anything else you want the lawyer to know before I connect you?Customer: My eldest daughter is willing to buy them out but she herself can barely afford to do so but she is willing to so we all can keep the house and a place to live. What can be in advantage towards us and not them.

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Loren

Juris Doctor

44,772 satisfied customers
A co-owner of a jointly owned property organized a loan for

A co-owner of a jointly owned property organized a loan for repairs on on subject property. A promissory note was drafted, secured by a deed of trust signed only by the lender and that co-owner. Both joint tenants enjoyed the benefits of the loan, yet only one co-owner signed the paperwork (the one who organized the loan), and the other claims not have not known about the loan (of course not questioning how repairs were paid for). One of the terms indicates that immediate payment is required "if there is a sale of the material portion of the asset of the borrower." Can the lender still enforce the terms of the loan, and attach it to the real property at the recorder's office for collection?

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766 satisfied customers
We have a rental property. We have a person that is living

We have a rental property. We have a person that is living in the house with no lease or paying rent. Do we have to go through the eviction process to get her out of the house or can go ahead a put my for seek sign up.JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: North CarolinaJA: Has any paperwork been filed?Customer: No not yetJA: Anything else you want the lawyer to know before I connect you?Customer: We are seeing our lawyer Thursday. I wanted to put the for sale sign up and get started to sale the house. Do I need her permission to go into the house yo inspect it and take pictures

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

54,018 satisfied customers
My husband and I have our home paid off and are now very

My husband and I have our home paid off and are now very exposed. My husband has a past and current criminal record and is working in an industry where customers could sue us at any moment. I don't believe CO has the tenancy in common option. I have no criminal record and I am not providing the service that he is and I am not on our office lease. Should we put our home (and any other assets) all in my name? Every state is so different. The last attny we talked to tried to get us into a $20k trust, he didn't seem very sincere.Thank you,VickieThank you

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P. Simmons

Attorney

Doctoral Degree

38,280 satisfied customers
WHAT ARE THE INDIVUAL RIGHTS IN RESIDENTIAL REAL STATE LAW

WHAT ARE THE INDIVUAL RIGHTS IN RESIDENTIAL REAL STATE LAW OF AN UNMARRIED COUPLEJA: Where is the property located?Customer: HOLLYWOODJA: Has any paperwork been filed?Customer: IN PROCESS OF REFINIANCING, MY FIANCEE OWNS THE HOUSE BUT IS DISABLEDJA: Anything else you want the lawyer to know before I connect you?Customer: JUST TRYING TO DETERMINE THE RIGHTS OF SURVIVERSHIP FOR TWO SEPARATE FAMILIIES SHARE THE REAL ESTATE UPON EACH OF OUR DEATHS (HOPEFULLY A LONG TIME FROM NOW)

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Roger

Litigation Attorney

Doctoral Degree

35,032 satisfied customers
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