Join the 9 million people who found a smarter way to get Expert help

Recent Tenancy in Common questions

I am buying a second home and will be using it as a vacation

Hi, I am buying a second home and will be using it as a vacation rental. The loan broker asks me what kind of ownership we will have - joined tenancy, tenants in common, living trust etc. I have no idea. I, myself, my wife and our daughter are on the title.JA: Since estate law varies from place to place, can you tell me what state this is in?Customer: californiaJA: Have you talked to a lawyer yet?Customer: not yet. I was planning of doing so, but didn't know that I have to answer this question today - that's what the loan broker told me list night (plus 15 other items on the list)JA: Anything else you think the lawyer should know?Customer: I don't know - what else do you need to know

Read more

Loren

Juris Doctor

37,154 satisfied customers
WE live in florida and in 2008 my husband and I bought some

WE live in florida and in 2008 my husband and I bought some land upon which we built a new house . The deed is in our name as husband and wife and our daughters name. Is this a tenancy by the entireties or tenancy in common? It doesn't claim to have right of survivorship so I'm pretty sure its not joint tenancy with right of survivorship. It also does not mention any percent of ownership. Can it be a tenancy by the entireties with 3 people on it? Or can it only be just husband and wife? Probably need a Fl lawyer for this one. I need to know for sure. Thanks

Read more

Damien Bosco

Attorney

Doctoral Degree

3,096 satisfied customers
I listed a property for my seller. The other seller had his

I listed a property for my seller. The other seller had his own listing agent.My and my seller went to a real estate attorney after I took the listing.The attorney advised my seller he can put the home on the market as long as we stipulate that the home is owned 50/50 and we do not have full cooperation of the other seller. So we put it on the market received four very good offers. the other seller accepted an offer and we just closed escrow.Now the other seller filed a complaint that I could not put the home on the market. Will I get fined if I do not have the other sellers signature on my listing agreement. The other sellers attorney told me the home was going into default and it has foreclosure pending. So I put that on MLS and now the other seller is telling me that information was wrong also, that is part of the complaint..Does the other seller have a good case against me even thought my sellers attorney told us to put it on the market?

Read more

37,974 satisfied customers
I am renting a home, signed a lease and person who has

I am renting a home, signed a lease and person who has mortgage on home countersigned, however, there are two persons on the deed. One person on the deed did not sign the lease. does that make the lease invalid?

Read more

Loren

Juris Doctor

37,154 satisfied customers
My wife quit claimed 50% of her house to me 6 months ago.

My wife quit claimed 50% of her house to me 6 months ago. Now we are divorcing and she claims that because it was only 6 months ago I'm not entitled to any of the property. Is that true?

Read more

J. Warren

Attorney

Doctoral Degree

4,156 satisfied customers
We've been JTWRS co-owners in my parent's home yrs.

We've been JTWRS co-owners in my parent's home for 28 yrs. after helping them purchase the home with our initial investment of $40k. They want to include the home in their trust assuring us a min. inheritance of 100k and dividing the remaining proceeds among my 3 siblings as their inheritance. We don't feel this is fair and are concerned about taxes all the way around. They are concerned about losing the home if one or both need long term care someday. I insist they can't be forced to sell the home as long as we're JTWRS and will survive the applicable look back period. Can they include the home in the trust (with us still as JTWRS) without us signing a quit claim deed turning the property over to the trust?

Read more

Barrister

Attorney/Landlord/Realtor

Doctoral Degree

47,202 satisfied customers
My husband died a month a go..He has a step daughter by

My husband died a month a go..He has a step daughter by another marriage. I have been with her since feb 1995. we got married may 25th,2015. can she take my house away from me

Read more

LawTalk

Attorney at Law

Juris Doctor

33,100 satisfied customers
Regarding a property. the property was prchased in 1988 by

regarding a property. the property was prchased in 1988 by my parents. the deed was a tenancy agreement with my parents having 1/2 interest and my brother and his wife having 1/2 interest. my brother divorced his wife in 1991. in 1995 order releasing consensual lien and awarding real estate was handled through the district court of wy.co.kansas civil court department. my brothers ex-wife signed over her part of my brothers 1/2 and my brother was awarded the marital home. the property then became 1/2 my parents and 1/2 my brothers. also in 1995 after the divorce my brother went and did a quit claim deed over to my parents without using the word tenancy. my mom passed away on april 15, 2016. according to the wills what was hers was his and his was hers. now it is my dad on 1/2 the property and my brother on 1/2. my dad now wants to

Read more

Barrister

Attorney/Landlord/Realtor

Doctoral Degree

47,202 satisfied customers
I own an undivided interest in 260 acres of pasture. It's a

I own an undivided interest in 260 acres of pasture. It's a tenancy in common. In Elbert county Colorado.It is landlocked. There is an easement that was granted before my parents died, which restricts use to "consistent to 2 single family homes and or farm activity". It runs with the land.I'm looking for legal reference that says if I do or do not have the right to use the access.Need to know asap.

Read more

Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,174 satisfied customers
View more real estate law questions
In The News