What Exactly Does Tenancy?

There are four kinds of co-ownership for land. If you are planning on buying a house or inherited land with another, the land is owned as a tenancy in common, a joint tenancy, through neighborhood land or tenancy by the entirety. Tenancy by entirety is specific to married couples.

Marriage and Ownership

Some states allow a special type of co-ownership of land called tenancy by entirety. Each partner has an equal, undivided interest in the property. A couple is thought of as one device, not just two people, and also the property is owned by the unit. You’ll need to check with your nation’s property ownership laws to see if tenancy by entirety is recognized. California is a community property state and does not recognize tenancy by entirety.

Rights of Survivorship

A man who owns land through tenancy by entirety have rights of survivorship. While the couple is married A signature is needed to communicate the deed.

Legal Issues

Couples possess land by entirety, which means a successful litigation against one partner won’t put a lien on your home. Tenancy by entirety provides protection . Through this form of co-ownership there are no probate delays in the event of death of one partner; the best of survivorship makes the living partner the instant sole owner. The surviving spouse becomes only owner in severalty. The expression indicates that the owner is severed, or cut off, from different owners.

Court Termination

A tenancy by entirety can be terminated through a sale to meet a claim against both spouses. This form of ownership can be terminated through divorce since there’s no more a marriage unit for the property to belong to.

Other Termination

Through agreement of both parties, the tenancy by entirety might be terminated. To complete this, a new deed must be conveyed that suggests the new form of possession for the property.

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Consequences & Benefits of a Homeowner Declaring Bankruptcy

Facing growing debt as a homeowner, you might reach a juncture at. Before you take this step, reviewing the consequences of advantages and bankruptcy to you is vital. As consumer and a homeowner, you have two choices. A Chapter 7 bankruptcy lets you obtain a discharge of your debts. Through a court, you pay off debts Throughout a Chapter 13 bankruptcy.

Automatic Stay Order

The first consequence of declaring bankruptcy as a homeowner is the issuance of an automatic stay order by the court, as stated by the U.S. Bankruptcy Code. An automatic stay arrangement requires creditors to cease any collection activity against you. By way of example, if you are late in making payments on your house mortgage, the lender can’t continue collection actions against you, including filing for bankruptcy, without permission from the bankruptcy court.

Kinds of Benefits

A benefit is the ability. A reaffirmation agreement permits your house to be kept by you, provided you make mortgage payments. A benefit associated with a Chapter 13 bankruptcy is for example your home mortgage on your court-monitored repayment plan, based on Cornell University Law School. In a Chapter 13 case, you can maintain your house.


Assessing the advantages requires choosing the proper kind of case. If you lack the essential income to meet obligations even with bankruptcy protection, Chapter 7 is the perfect choice, based on”The Glannon Guide to Bankruptcy,” by Nathalie Martin. By means of and obtain a release from most, if not all, of your other debt obligations. Chapter 13 permits you pay off most, if not all, of your debts and to keep your house if you are in a stronger position.


There is A persistent misconception that a homeowner always loses her house in a bankruptcy case. In reality, the U.S. Bankruptcy Code allows you at least some flexibility regarding keeping or surrendering your house during either a Chapter 7 or Chapter 13 bankruptcy.

Expert Assistance

Assessing your interests requires an understanding of both bankruptcy law and procedure. Your interests may best be served by retaining the services of an experienced bankruptcy attorney. The American Bar Association, ABA, asserts resources to assist you in finding a bankruptcy lawyer in your area. There’s a link to a ABA directory in the Resources section.

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Can a Landlord Change the Lease Agreement?

He doesn’t have power, even though the building you reside in is owned by your landlord. The legislation protects tenants, and that includes limiting the power of the landlord adjust the terms or to rewrite the lease. He could wind up paying for it should you take him, In the event the legislation is ignored by the landlord.


It’s possible to rent area that is living under either a rental arrangement or a rental six months or more–the Nolo site says. Under a agreement, though you are entitled to 30 days notice, the landlord may increase the rent or change other terms. Both parties are bound by A rental before the expiration date to the conditions; unless they are agreed to by you as long as the lease is in effect significant changes can’t be made by the landlord.


Some changes can’t be made Nolo states, under any circumstances. Some cities, such as San Francisco, have. Federal law bars your landlord from making modifications based on discrimination, such as banning minorities from the swimming pool, or charging rent. California law bars discrimination based on sexual orientation.


In writing your rental agreement doesn’t need to be, the Findlaw site says agreements that operate annually or are acceptable. However, if you and your spouse have different memories of what has been agreed to, then it could be impossible to demonstrate that he’s changed the terms you initially settled on.


Minor adjustments to the rules may be legal–closing the pool a hour during the week for example –but when your landlord has new rules you think violate your lease, do not suffer in silence. The California Department of Consumer Affairs suggests that if you only take care of the manager, consider contacting the owner. If this doesn’t help, write the supervisor along with the landlord a letter so that it’s on the record stating that your conscience.


In case a landlord insists on creating an alteration or threatens to evict you if you don’t comply, check the telephone book for official assistance, the DCA advises, such as a local consumer protection agency or home agency, the local rent-control board or the district attorney’s office. You could go directly to a lawyer, but an agency may have the ability to help without charging you.

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Homeowners Association Rules & Regulations

The job of a homeowners’ association is to protect its members and protect their property values. According to RealtorMag, roughly 50 million U.S. homeowners belong to a sort of a HOA. If you’re at a HOA, you know that one of its main functions is to put together a set of rules and regulations that operate the HOA. There’s a core frame for all these principles, but the specifics are ultimately determined by the members of the HOA. If you’re planning to get a house that features a HOA, understanding the rules and regulations is vital before buy.


The CC&R is short for the Codes, Covenants and Restrictions, which are essentially the basic frame for your Homeowners’ Association. These records are often crafted by attorneys, but because each homeowners’ associations needs change, the terminology is intentionally obscure, according to Realty Times. This allows those in charge of the homeowners’ association. Also, not using a CC&R for another homeowners’ association stops you from using rules that could be unnecessary or prohibited to your own homeowners’ association.

The Board

A homeowners’ association is typically run by a volunteer board of directors that are elected from the members of the homeowners’ association. It’s this board’s obligation to enforce the principles set forth in the CC&R, and their abilities are restricted from the rulebook. Some of their basic responsibilities include collecting HOA dues, enforcing code violations and discovering changes to the CC&R. Some boards have broad powersdown to the right to foreclose on roperty if dues aren’t paid.

The Rules

Each HOA CC&R includes a rulebook, things their members have been allowed and not allowed to do. The rulebook can be as exact as the HOA’s members desire it to be, but ultimately the HOA’s members must agree to these principles. HOAs can place restrictions on pet ownership, the forms of flags owners have been allowed to fly outside their houses, what colors houses can be painted, how tall marijuana is assumed to be and even forms of home additions. According to Bankrate.com, a few HOA members have obtained their HOAs to court on what they believe excessive limitations.


Many CC&Rs attribute a resolution procedure, and it is a procedure to propose and enact new rules. The positive to the resolution procedure is that it is not necessary to amend the core of the CC&R, which may require the use of an lawyer. The process is similar to the process of adopting a new policy at a town authorities. A rule is suggested. Afterward a review board examines the new rule and supplies HOA members with information so they can comment. In case the majority of the HOA members agree, the rule is enacted, such as information on enforcement, appeal and punishment.

Pros and Cons

The significant advantage of the CC&R to get a HOA is that each of the complex’s principles are spelled out until you move in or buy property. If you’re planning to get a house that features a HOA, it is a fantastic idea to read the rulebook thoroughly, especially if you intend to make adjustments to your property. Everybody in a HOA lives by the same code. The big drawback is that once you sign, you’re entering into a legally binding contract. According to Bankrate.com, you must abide by the CC&R and there are few options if you’ve got a grievance. Like any legal document, it is suggested that you thoroughly look into the consequences before you sign.

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Goal of a Warranty Deed

Like their name implies, warranty deeds offer guarantees about a house. There are two main sorts of warranty deed,”general” and”special.” Except they cover, they are alike in every way. In California, warranty deeds are called”grant actions” and differ slightly from warranty deeds in different nations.


Deeds in real estate are files that transfer certain rights from a”grantor” (generally the seller of the property) into a”grantee” (generally the buyer of the property). There are two main sorts of warranty deeds:”general” and”special.” In both types, five things are guaranteed to the grantee: the right to possess the property (called”seisin”); the right to openly enjoy the house; the right to sell the house; the fact that there aren’t any claims against the property; and that the home’s title is clear. These five things are called”covenants.”

General Warranty Deed

A general warranty deed guarantees to the grantee that both covenants named above are accurate, and when any one or more of them ever turns out to not be accurate because of something that pre-dates the grantee’s ownership of the house, then the grantor will be completely responsible for any problem that arises.

Special Warranty Deed

A warranty deed ensures the same things except its duration of coverage is briefer, that the general warranty deed covers. Because of this, it’s sometimes called a”limited warranty deed.” It states it will guarantee the covenants, but just for problems that occur due to causes that date in the time once the property was owned by the grantor, but not until that moment.

California Grant Deeds

A California grant deed works just like a general warranty deed, but only includes the last two covenants: The property is free of any claims against it, along with the property’s title is clear.

Limitations of Warranty Deeds

If a challenge is made to the legitimacy of any of the covenants, then the grantor must show the challenge to become untrue. If the grantor can’t do that the grantor could have to pay a large amount of cash to make things right. In an worst-case scenario, the grantor might need to pay back into the grantee the original amount of cash the grantee compensated for the property, plus the cost of any improvements the grantee made while owning the property.

How to Submit A Warranty Deed

By legislation, warranty actions and grant actions don’t need to be filed (“recorded”). But, recording them is the only way the grantee can safeguard his rights, should one of the covenants in the deed be contested. Actions should be drawn up by real estate attorneys and recorded in the county where the property is situated. Go to the Office of the County Recorder. There will be a little recording fee. California grant actions are easy enough that a standard pre-made form (available online or at any of California’s 58 County Recorder’s Offices) may be used and filled from the Grantor.

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How to Negotiate an Easement With a Real Estate Owner

When you want to use someone else’s property, you have to propose and negotiate with an easement. This situation arises, for instance, when you want to cross someone’s property to get to yours. You may also require an easement to conduct electric wires into your house across a neighbor’s property. When you need an easement, make a document which contains the full agreement terms, and negotiate and amend those terms together with the real estate owner. Make sure you cover all important problems that might arise during the period of the arrangement.

Write down the burdens and benefits of the easement. Each easement creates a load for the home owner granting the access. By the same token, the easement delivers a benefit to the person wanting access. To be able to negotiate, then you have to clearly state benefits and burdens on your arrangement document. California courts are far more likely to decide in your favor in case of a dispute in case you have clearly stated why you would like the easement and the annoyance it might cause the property owner.

Name the celebrations. The person living on a property is not necessarily the owner. Indicate the owner of the property who has the capability to give the easement. If the property has several owners, you will require the agreement of all of them. Moreover, if the home has a tenant, California law allows provisions for tenant acceptance.

Describe the property. Utilize the legal description of the property on record in your California county or state property office. Indicate the easement “runs with the land,” meaning that you’re asking for accessibility which definitely requires the property in question.

Write whether the easement is permanent or temporary. If the easement is temporary, like if you would like to move heavy construction equipment to get a one-time job, indicate if the easement will finish.

State the extent of the easement. Indicate exactly how much space you’re asking for, such as length, breadth and width. Attach a drawing which indicates easement boundaries.

Negotiate reserved rights. The property owner might have applications for the easement that happen concurrently to your usage. Write down all of the owner’s rights which will stay in position even after the granting of the easement.

Write down that will take care of maintenance and repair of the easement property. Also indicate who’s liability for harm to workers or adjacent property which could be impacted by use of the easement

List repayment amounts. In California, the property owner has the right to demand payment for an easement. The condition licenses appraisers who appreciate easements. In the event that you and the property owner are agreeable, then you aren’t required to find an appraisal and might agree on any number you see fit. During negotiations, point out any advantages the property owner can receive from an easement. For instance, if permitting the easement helps you improve the value of the house, the easement owner’s property might go up in value as well. This could reduce the fee to get the easement.

Outline the whole agreement and negotiate with any difficulties. You may either initial changes in the document or, when changes are extensive, sweep the agreement in its entirety. Make sure that the document you sign comprises all of the benefits and burdens you have negotiated

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