Removing a deceased joint tenant’s (or survivorship tenant’s) name from a real estate deed in Ohio is a fairly simple process. Once the beneficiary or co-tenant obtains an official copy of the decedent’s death certificate, he or she completes an affidavit of survivorship, and presents the information to the local agency responsible for maintaining land records. In Ohio, this is usually the county recorder or fiscal office. When properly completed and submitted for recording along with the copy of the death certificate and any other required documentation, the affidavit updates the ownership information for the property and preserves the chain of title (ownership history).
Continue reading “Removing a Deceased Joint Tenant from an Ohio Real Estate Deed”Creating Joint Tenancy in a Real Estate Deed
There are three basic ways for individuals to own real estate: sole ownership, jointly with others, and as tenants in common. The type of ownership determines the rights of the individuals on the deed to sell or will their interest in the property, and to dissolve the tenancy. In a joint tenancy, each owner has an undivided share in the benefits and obligations associated with owning the real property.
Continue reading “Creating Joint Tenancy in a Real Estate Deed”The Different Types of Easement Deeds for Real Estate
An easement is the certain right to use another person’s real property for a stated purpose without possessing it. An agreement of this type requires at least two parties. The creation of an easement is handled the same way as other documents of conveyance. Easements can also be written into a deed of conveyance, or may also be transferred with the deed. The three major types of easements are appurtenant easements, easements in gross, and prescriptive easements.
Continue reading “The Different Types of Easement Deeds for Real Estate”Methods of Terminating an Easement (Real Estate)
When an easement is terminated, the burdened property is no longer affected. When the party benefiting from the easement and the party subject to it agree to a release, the next step is to record a deed making the change official.
Continue reading “Methods of Terminating an Easement (Real Estate)”Community Property with Right of Survivorship in Arizona
Like many western states, Arizona allows legally married couples to own real estate as community property, with or without rights of survivorship. The rules and definitions are set forth at Section 33-431 of the Arizona Revised Statutes. Under this form of ownership, both spouses hold undivided shares of the whole, and when one spouse dies, the survivor gains ownership of the whole property without the need for probate, and both halves receive a new tax basis equal to the fair market value as of the date of death. Otherwise, when one spouse dies, the community property is divided equally, with half going to the surviving spouse and half distributed as directed by the deceased spouse’s will. In case of divorce or annulment, the judge often determines equitable distribution of community property.
Continue reading “Community Property with Right of Survivorship in Arizona”A Contract for Deed vs. Traditional Mortgage
Inability to get financing for a home does not always mean that someone does not have the financial means to pay for the home. This is also a way of extending credit to those who might not otherwise qualify for a loan. In fact, various housing advocacy organizations have used this as a way to help low-to-moderate income families achieve homeownership. In a contract for deed, there are no origination fees, application costs, or high closing costs. Rather than having third-party lenders financing the purchase of a home, the seller finances the purchase in a contract for deed.
Continue reading “A Contract for Deed vs. Traditional Mortgage”Illinois Transfer on Death Instrument for Real Estate
On January 1, 2012, the Illinois Residential Real Property Transfer on Death Instrument Act (755 ILCS 27) went into effect. With it, owners of residential real property in Illinois have a new choice for non-probate asset allocation—the transfer on death instrument (TODI).
Continue reading “Illinois Transfer on Death Instrument for Real Estate”Understanding the Utah Water Rights Addendum
A person submitting a deed for recordation to a county recorder’s office in Utah is required to also submit an attached Water Rights Addendum, as of July 1, 2011. This becomes part of the deed and is recorded along with it. The form for this is provided by the Utah Division of Water Rights (which is often referred to as the State Engineer’s Office). Deeds and other instruments affecting the title to water rights should be recorded with the county recorder in the county where the water is diverted. In the case of the water being used in a different county, the deed and attached addendum should also be recorded in that county.
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