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Louisiana has one of the most complex probate codes in the United States. It is a community property state, meaning whatever property spouses acquire while married is shared equally. In Louisiana, adopted children have all the same rights as natural children in the event a parent dies without a will. Louisiana's laws of intestate succession govern the rights of adopted children; these rights are similar to those in other states with a few minor exceptions.
When you fail to pay a debt, your creditor will initiate collection activity such as sending you letters and placing phone calls. However, if you do not attempt to repay your delinquent debt, state and federal laws allow creditors to sue you for the unpaid balance. If a creditor wins a lawsuit against you, it may be able to seize and sell property you own to pay toward the debt balance. In some cases, the creditor may also be able to take marital property — that is, property that you and your spouse acquired after marriage.
A deed is simply a document that authorizes the transfer of ownership. California recognizes three kinds of deeds: grant deeds, quitclaim deeds and trust deeds. Trust deeds are mortgages that technically transfer property to a trustee, who is responsible for initiating foreclosure on behalf of the lender, if the borrower defaults. Trust deeds are regulated by the California Civil Code.
Some couples in Ontario choose to buy a house before getting married, which creates the issue of having to change one person's name on the deed once they get married. First, you must complete the name change process required by Ontario. A name change is expected and therefore easier to do when you get married. Once your name change is completed, the process to change your name on the deed is quite easy, though it does take some preparation and time to complete.
Married women have different property rights, depending on which state they are living in. Florida is a gender-neutral state, which means men and women are treated the same when it comes to the law. This also means that women in Florida have equal rights not only to gain assets but also being responsible for their own liabilities.
Michigan law imposes several recording requirements on the transfer of real estate, also referred to as real property. After signing a contract required to bind both parties to a land transfer, the transfer must also be recorded with the register of deeds in the county where the property is located. Additionally, the land transfer must also be reported to the Michigan Department of Treasury by filing a Property Transfer Affidavit.
The Married Women's Act of 1922 is also commonly known as the Cable Act of 1922. The act begins by stating that "the right of any woman to become a naturalized citizen of the United States shall not be denied or abridged because of her sex or because she is a married woman." But additional stipulations make the Cable Act more limiting than it sounds and an interesting chapter in Asian American History.
Property deeds are documents that physically represent an ownership interest in real property. Property deeds can be held by a trust, a legal device that permits ownership of property via a trustee. When held by a trust, property deeds are titled in the name of the trust itself. Only the trustee has the power to transfer property from a trust to another individual or entity in California. Nevertheless, it is often the case that the creator of a trust, the settlor, is also the trustee.
A living trust establishes ownership and distribution of property after a death where assets are left by the deceased. The trust is established by the deceased prior to death by an agreement charging an administrator with carrying out the goals of the deceased as long as they are within the confines of the law.
Division of community property can be one of the most difficult obstacles to overcome in a divorce in California. In California, Family Code section 760 defines community property as all property acquired by a couple during their marriage. Community property is property that is owned by both you and your spouse. Each of you owns 50 percent of the property. Now that you are getting a divorce, the question is how do you divide up the property fairly, so that each spouse gets 50 percent of the assets.
Texas law allows married couples to enter into agreements respecting their separate and community property. These agreements can be prenuptial and/or post nuptial. Further, these agreements can transfer community property into separate property or separate property into community property. Whether an agreement deals with separate or community property, or both, Texas law requires that the agreement be in writing, be entered into voluntarily, and that full disclosures be made so that each party to the agreement understands what he is entering into and the legal ramifications of the agreement.
If you are thinking about filing for divorce, you are probably wondering what will happen to your assets, the assets acquired before marriage and the assets acquired during the marriage. Well, you may get to hold on to those assets you had before getting married, but the court will decide what happens to those assets acquired during your marriage. When separating assets, the court attempts to divide the property in a fair manner, and many times being fair does not mean dividing the marital property in half.
California is a community property state; community property is a system whereby all property acquired by effort during the marriage is divided evenly between each spouse upon divorce, legal separation or death. Under California law, community property rules also apply to registered domestic partners. California's treatment of community property is complex; those contemplating divorce in California should seek legal counsel.
Depending upon where you live, the courts can have a great deal of control and authority over what you walk away from a marriage with. In Kansas, judges have broad discretion over the division of assets, but as a general rule, they would prefer that couples make their own decisions about community property, either with or without attorneys, when the divorce is amicable enough to allow it.
Community property means property that is owned jointly by both spouses. For bankruptcy, understanding community property is important in terms of understanding your bankruptcy estate.
Developers of deed-restricted communities vary in their rules and regulations for homeowners and renters. For example, developers have their own opinions of what constitutes a good community. One may think the absence of dogs and cats will help cut down on property expenses. Another may think that disallowing soliciting and loitering will prevent crime. Whether the intention is to cut back on expenses or sustain a peaceful, crime-free environment, forming a deed-restricted community is the choice of many developers. However, developers must follow precise guidelines to create such a community.
When you choose to take your husband's name upon marriage, it usually causes a flurry of paperwork as you change her name on your Social Security card, bank accounts, insurance, and credit cards. Although it is not required, you may wish to change your name on your house deed to reflect yournew name, as well. There may be legal advantages--or disadvantages--to this for both you and your husband. Consult an attorney if you have any concerns.
Married couples who purchase a home or other real property in a state with community property laws will typically record the purchase with a community property grant deed. It's not uncommon for couples during the marriage to address their estate planning needs by using a living trust. This can provide for an orderly disposition of their community property after death, as well as, providing tax benefits and avoiding probate costs for their heirs. Transferring the community property grant deed into the trust is a necessary part of completing this type of estate planning.
Condominiums are known as community titles schemes in Australia, and there are nearly 36,000 subdivided into more than 300,000 lots in the state of Queensland alone. The law that governs how community titles schemes are run in Queensland is the Body Corporate and Community Management Act of 1997.
Joint tenancy refers to a type of joint ownership of real property between two or more individuals. In a marriage, for example, joint tenancy gives each spouse an equal interest, or share, in the property. As such, any property held in joint tenancy with your spouse would be considered an inheritance when, upon your death, he or she is given your share. To avoid the high taxes and fees, change the property ownership from joint tenancy to community property. This precludes your share of the property from being deemed an inheritance, and thus, your spouse avoids paying capital gains.
If a divorce or dissolution of your marriage seems likely, whether the state you live in is a community property state is important to your financial future and well-being.
Until the mid-19th century, married women were considered possessions of their husbands and had virtually no control over their money or property. Thanks to the women's rights movement, this all changed. Today, husbands and wives are seen as equals under the law, and property is shared between them.
A gated community, in its 21st-century incarnation, is a residential development with controlled access. Types of gated communities vary significantly and include facilities such as a golf course or club or options designed for people in retirement.
You own a piece of real estate and have a great idea about how it can be used, but it will require you to make a pitch to the local zoning authority so that its future use can conform to your needs. Unfortunately, in many communities, the zoning authority is difficult to deal with and the process can be very time-consuming.
As citizens in most cities and towns become more familiar with the rezoning process and learn how rezoning affects their neighborhoods, builders and developers must initiate and perform additional duties and due diligence to get any property rezoned. In addition to the paperwork, public hearings and public relations skills will be needed. Take a few of these tips before attempting any kind of rezoning application.
