Could the deed only return to tenants in entirety (right of survivorship to the other 50%) if a marriage between the same people again took place? If this is possible, who would handle this -- a lawyer, the title company, who?
2006-06-30 01:22:21 · 4 answers · asked by lee irish 1 in Politics & Government ➔ Law & Ethics
Nothing about title to real estate is simple. You should consult a lawyer. Title companies are good at identifying problems with a title, but not necessarily good at telling you how to correct or prevent them.
2006-06-30 01:27:00 · answer #1 · answered by MOM KNOWS EVERYTHING 7 · 0⤊ 0⤋
tenancy in the entirety is broken by divorce, and should revert to tenancy in common, though it may go to joint tenancy. without reading your state's law on this, my educated guess is that it goes to tenancy in common...as it would be counterproductive to give a divorced couple a joint tenancy.
joint tenancy is NOT broken by divorce, and thus needs to be broken by the tenants, if that's not what they want anymore.
the only difference between entirety and joint is the requirement of marriage for entirety.
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the only way to go back to a tenancy by the entirety is to get remarried, as that is one of the requirements to having this tenancy...and it would NOT BE AUTOMATIC. A lawyer would be able to do this for you....you would need to make sure the deed is corrected, otherwise, in the future, you could have problems with it, and have problems selling the house. (the lawyer will be using a title company i'm sure, but don't try to talk to these companies on your own, they're not good at explaining things)
2006-06-30 03:57:48 · answer #2 · answered by ladylawyer26 3 · 0⤊ 0⤋
Why did not you and your legal expert safeguard this interior the valuables settlement interior the divorce action? No legal expert? better fool thought. Now you desire a legal expert, submitting expenses, etc, to sue in courtroom. that's not a Small Claims courtroom count. that's not a divorce count for kin courtroom. Now that's important lawsuit, you go with an legal expert, and plan in this taking 2-5 years. Your legal expert might have the skill to barter a settlement formerly it is going to trial. in case you attempt to do it your self, I guess it costs you super-time.
2016-12-08 14:14:53 · answer #3 · answered by ? 3 · 0⤊ 0⤋
no
2006-06-30 01:26:10 · answer #4 · answered by Anonymous · 0⤊ 0⤋