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Titles >Ways to Hold Title When two or more people purchase property together, there are three ways that the title can be held. Knowing the implications of each form of ownership will help you decide how to write your deed.
"Tenancy by the entireties" is reserved exclusively for married people. Both husband and wife own an undivided interest in the property. On the death of one party, the surviving spouse owns the entire property and no probate will be necessary. When unmarried persons buy a home together, they should seek legal advice regarding how title should be held. As "tenants in common" each party owns a percentage interest in the property. On the death of one party his or her interest does not go to the surviving owner but is distributed in accordance with the will of the deceased, whose estate must be probated. As "joint tenants" each party owns an undivided, equal interest that passes automatically to the surviving joint tenant. Probate is not necessary if the deed reads "joint tenants with rights of survivorship".
It is important to know that in most courts, if a deed is written without specification of how title is held, the property is titled as "tenants in common."
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What is an encumbrance against a property, which may be voluntary or involuntary?
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There are many different kinds of liens: a tax lien, a judgment lien, a mortgage lien, and a mechanic's lien. |
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Jolie Powell
CIPS, E-PRO, SRES, CBR, TRC
Jolie Powell Realty
406 Main Street
Port Jefferson, NY 11777
Direct: : 631-774-2528
Fax: 631-774-2528
Office:: 631-473-0420
JoliePowell@NUMBER1EXPERT.com
Jolie Powell has been a distinguished leader in the Real Estate industry since 1987. Prior to entering the world of Real Estate, Jolie had a successful career in advertising in Manhattan, New York.
Always working to be at the top of her profession, Jolie has received her Certified International Property Specialist (CIPS) designation, Certified Buyer Representative (CBR) and Senior Real Estate Specialist (SRES) designations. Jolie also serves as Director of the Multiple Listing Service of Long Island and now elected as Zone Chairperson for the MLS.
Jolie’s expertise in counseling buyers and sellers brings people together from Long Island and, indeed, from all over the world. Having lived abroad and traveled extensively, Jolie has an excellent understanding of many cultures. As a Cuban-born American, Jolie is fluent in Spanish and communicates well with domestic and international clients, as well as professionals in other fields.
Jolie is proud of the high level of trust she and her clients have established and she looks forward to continue building exceptional client broker relationships.
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