Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This involves jointly held property. If it is spelled out in…

Customer Question
This involves jointly held...

This involves jointly held property. If it is spelled out in the terms of the divorce, can each tenant’s interest pass to his/her individual estate.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Georgia

Lawyer's Assistant: Has any paperwork been filed?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My trust attorney said that it is okay. The divorce attorney thinks that it could be problematic.

Submitted: 1 month ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 4 minutes by:
3/7/2018
Real Estate Lawyer: Lucy, Esq., Lawyer replied 1 month ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 31,960
Experience: JA Mentor
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

They'd have to retitle the property so it's held as tenants in common rather than joint tenants. With joint tenants, when a person dies, their share of the property automatically transfers to the other person instantly. There is nothing to be distributed to the heirs, because the property isn't part of the estate. Property held as joint tenants cannot be willed or left to anyone other than the other joint tenants. Property held as tenants in common can. The best way to handle it would typically be to have the spouses sign the deed at the same time as any divorce separation agreement.

It could be problematic, because if one spouse changes their mind down the road about owning property with the other, you'll have to go to court. Or you risk one spouse selling their share to a third party (it doesn't happen often, but it can happen). More litigation can occur if either spouse doesn't fulfill their obligations. So I understand the divorce attorney's concerns. You might want to ask if she has any other reason for being worried about it. But it can be done, as long you execute a new deed to the property.

Have I answered your question? If any part of my response is unclear, please reply WITHOUT rating so I can clarify. My goal is to provide excellent service, so if I've done that, please give me a 5-star rating before signing out. Thank you for using JustAnswer.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Lucy, Esq., Lawyer replied 1 month ago

Do you have any other questions about this?

Ask Your Own Real Estate Law Question
Was this answer helpful?
Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 31,960
31,960 Satisfied Customers
Experience: JA Mentor

Lucy, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,925 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
Can a magistrate lawfully rule in favor of a landlord and
Can a magistrate lawfully rule in favor of a landlord and thus give a tenant only 10 days to get out,although, the tenant only missed one months rent in 12yrs..and never signed a lease in front of a n… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,424 satisfied customers
Need real estate advise on my rental property. Tenants have
Tenants have not paid since December. 15 and 3 day notice given. They have vacated the house and moved in to a RV in the yard. … read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
My husband and I were married and lived in MN. My husband
My husband and I were married and lived in MN. My husband owned a home for 8 years before we met and I moved into this house and paid half of the mortgage each month for 5 years. 2 months ago, I moved… read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
I have a car worth about $16,000 and want to sell it to a
I have a car worth about $16,000 and want to sell it to a casual acquaintance who seems to be a qualified buyer. The buyer wants to pay me in six monthly installments of $275 each. If I hold the title… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,287 satisfied customers
The house I have been paying the mortgage on for almost two
The house I have been paying the mortgage on for almost two years was foreclosed on and sold at auction! I was paying who I thought was my close friend but he took the mortgage money from me every mon… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
My girlfriend bought a house with her boyfriend less than a
My girlfriend bought a house with her boyfriend less than a year ago in NC. Both of their names are ***** ***** deed to the house. She has been living in the home, he has not. She recently found out t… read more
Lucy, Esq.
Lucy, Esq.
Lawyer
31,960 satisfied customers
My mother inherited land from my grandfather, someday it
My mother inherited land from my grandfather, someday it will be mine. In the meantime, I have been fixing fence, cutting cedar trees, and general maintenance of the property. Are there any tax incent… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
531 satisfied customers
I am a Florida landlord, living on one side of my duplex
Hello,I am a Florida landlord, living on one side of my duplex while renting out the other. Recently my tenant bought an above ground pool of about 14' in diameter. The is no provision in the lease re… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I purchased an existing Cigar shop in a Retail strip center
I purchased an existing Cigar shop in a Retail strip center in McKinney Texas March 1st 2018. Prior to purchase I explained to the Property landlord mgt director that I intended to build the business … read more
Thelawman2
Thelawman2
Doctoral Degree
1,354 satisfied customers
Can escrow be opened with individual buyer of property. Then
Can escrow be opened with individual buyer of property. Then right before escrow closes, individual buyer is replaced by a limited partnership. This seems deceptive. As seller does not want to sell to… read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
I am searching for ohio revised code 4871 as it applies to
I am searching for ohio revised code 4871 as it applies to rules for the operation of a mobile home park … read more
Eric. Y.
Eric. Y.
Law/J.D.
52 satisfied customers
I recently had a house fire.. insurance just approved to
I recently had a house fire.. insurance just approved to have my house rebuilt the contractor bid was for 160,000... I have been asking not for receipts but for an itemized bill each time a job is don… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My landlord gave me a demand for rent - I paid most of it
My landlord gave me a demand for rent - I paid most of it except for 1 month … read more
Lucy, Esq.
Lucy, Esq.
Lawyer
31,960 satisfied customers
Heres the no .S.story with my errors also. But my basic
Heres the no B.S.story with my errors also. But my basic legal question is CAN I STILL SUE TO GET MY MONEY BACK THAT I'VE PAID HER IN RENT? This neighbor of mine was selling her house to one of these … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,287 satisfied customers
I gave a tenant 30 day eviction notice and with 15 days left
I gave a tenant 30 day eviction notice and with 15 days left they have snuck a dog in. The lease states no pets and I did not charge a pet deposit since it's a not pet property. What can I do? … read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
Need help preparing title to real estate from. South
Need help preparing title to real estate from JA: What state are you in? It matters because laws vary by location. Customer: South Carolina JA: What steps have you taken so far? Customer: Printed the … read more
Lori
Lori
Juris Doctor
1,101 satisfied customers
If a bank engage in a property flip fraud where they force
if a bank engage in a property flip fraud where they force customers into refinancing rather than line of credit so they can artificially inflate the value of the properties in the area for futures cu… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
I signed papers with a mortgage company for a mobile home
I signed papers with a mortgage company for a mobile home back in Nov 2017. We moved in in Dec. 2017 . Our first payment was due Jan 1st. I called the company several times to see where to send my fir… read more
Attorney 1
Attorney 1
2,621 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x