Does the Spouse Who Quitclaimed the House, Originally Purchased Before Marriage, Retain Any Rights to it, considering it Wasn’t Treated?
Video Summary
Does the spouse who Quit claimed the house to the other spouse and him or herself, which was originally purchased by them, retain any rights to it? I’m assuming that this question has to do if they are involved in the divorce proceedings. Whenever, a husband and wife own a piece of property, they get divorced, well then you start with each party receiving a one half interest in the property as tenants in common. However, in a divorce proceeding, the judge is going to make the determination as to who receives the property and whether or not who gets to live there, whether or not it has to be sold, and whether or not they take into consideration that the property was purchased by one spouse prior to the marriage and later transferred into their joint names. If this is not transferred to husband and wife as far as putting it in husband and wife’s name, and it is to two individuals, the presumption is is that the transfer was a gift of the equity, and each party owns a one half interest. So, if there’s what they call a partition action, which requires the property to be sold, the party who purchased the property does not have a special equity for the contribution or what they paid for the house. If you have any questions concerning this, give me a call at (727) 847-2288. I don’t do divorce law, so the question, if you’re going through a divorce, you need to talk to your divorce lawyer. Thank you.
- Published in Probate, Real Estate, Real Estate – Selling, Videos
During My Divorce, Should I Buy Out My Ex-Spouses Share of the House?
Video Summary
During my divorce, should I buy out my ex-spouse’s share of the house? The answer to that is you should not even think about buying out your spouse’s interest unless you have a marital settlement agreement, which settles all your assets and so that everybody knows what everybody’s going to get as a result of the divorce. And hopefully that’s something that you can work out with your spouse as adults rather than anything else as far as your property division is concerned, and then as simply a business decision. But you don’t want to be in a position where you buy out your spouse’s interest in the property and then you pay her for that, and then she turns around and wants more and more money as a result of looking at your other assets or whatever money you have or resources. So, I would strongly recommend that before you enter into any agreement to buy out your spouse’s interest in any real property, that you have a marital settlement agreement and discuss it with your divorce attorney. I don’t do divorces, but my phone number is (727) 847-2288.
- Published in Real Estate, Real Estate – Selling, Videos
How Can You Remove Someone from a Quit Claim Deed?
Video Summary
How can you remove someone from a Quit claim deed? Well, if the best way to do it or the easiest way to do it is simply prepare a deed and have them sign off conveying it to the proper person or whomever wishes to own the property. If their name was put on this Quit claim deed or the Quit claim deed file and they had no interest in the property and a constant and their unwilling to clear up this title problem, then you must file what they call a suit to quiet title. That’s where you sue them saying that they had no authority to have their name placed on this title, and then have the court determine that they have no interest in the property and that your title is free of any lien or any claim that that person may have. So if you have any questions concerning this, give me a call at (727) 847-2288.
- Published in Estate Planning, Real Estate, Videos
How Is a Home Calculated for a Divorce?
Video Summary
How is a home calculated in a divorce proceeding? Well, I don’t handle divorces and so it’s my understanding that whenever the parties have filed an action for divorce, the judge takes into consideration that each party’s circumstances how the home is titled whether or not there’s any children, and then they make a decision as to whether or not the mother or the father, whoever has custody of the children or the primary custody, can remain in the house until the children reach a particular age and then direct the property to be sold. They can also direct the property be sold if there’s no other consideration. They take in consideration the other assets and based upon all of that, the judge then makes the decision as to whom receives the marital home or whether or not they simply each own a half interest and they’re then in a position to sell the property or provide special equity or so much to one spouse once the house is sold. But that’s falls within the jurisdiction and the decisions of the divorce attorney. So you don’t need to call me, but I’ll give you my phone number. You need to talk to your divorce lawyer in order for them to explain how this is going to work in your individual circumstance. Give me a call at (727) 847-2288.
- Published in Estate Planning, Real Estate, Videos
How Close Can a Neighbors Dock Be to Another Property?
Video Summary
How close can a neighbor’s dock be to another’s property? Well, this is something that is regulated or by the city or county, wherever the docks or waterway is situated. And they may have a code building code which extends the property lines and give setbacks as far as where you can construct these docks. If the docks, if there is no regulation as far as the particular city or county on setback requirements, then it’s controlled by the riparian rights, which is the rights of a property owner who is adjacent to navigable waters to be able to use their property. And you cannot put your docks so that it impairs or encroaches upon your neighbor’s riparian rights, which consists of the call warpage or their ability to construct a dock. Also, as far as adaptability, so that you can’t block their ability to go in and out of their property to get to their docks or the waterway. And one that’s probably not used is also bathing and swimming. So usually you don’t want to have a dock that would stop that, but most time that’s not a problem. As well as the view, you can’t block your neighbor’s view of their property rights. And so the riparian rights is a complicated area as far as that’s concerned, whereas the city ordinances or building codes, as far as setbacks are concerned, fairly straightforward. However, it only controls docks that are built after the passage of the particular ordinance. So if you have any questions, give me a call at (727) 847-2288.
- Published in Guardianship, Real Estate, Videos