Sentences with phrase «property in their joint names»

Secondly, I wish to know — For a certain property, me and my wife jointly applied for the loan (since she would not have individually qualified for the required Loan Amount) and bought a under - construction property in joint name.

COHABITATION BREAKDOWN WITHOUT THE LEGISLATION Cohabitees with a property in joint names and no express trust?

Alert Don't Place Excluded Property In Joint Names If You Don't Want To Share It Say Vancouver Richmond Mandarin Chinese Speaking Family Lawyers.

But in Dheenshaw the putting of the money into a property in joint names then selling and dividing the proceeds equally wasenough to prove and intent to share the formerly excluded property equally.

Our highly rated * Unequal Property Division Excluded Property Lawyers also warn clients not to place excluded property in joint names for fear the exclusion from sharing will be lost.

McKendry v McKendry 2015 BCSC 2433 dealt with a very common fact pattern in estate disputes - where a parent puts the property in joint names with one child and excludes the other children, thus disinheriting them.

Adekunle v Ritchie [2007] WTLR 1505 concerned a property in joint names (mother and son) with no express declaration of their respective beneficial interests.

The parties made a conscious decision to put the property in joint names, but did not take any legal advice.

Not exact matches

Lapidus has arranged joint venture transactions with some of the most respected names in the industry including Prudential Real Estate Investors, The Florida State Board of Administration, Carlyle Realty Partners, General Electric Pension Trust, Principal Real Estate Advisors, JP Morgan Asset Management, Beacon Capital Partners, Morgan Stanley, Lehman Brothers, Zurich Insurance, Investcorp, RREEF, Blackrock, GreenOak, Tokyu Land Corporation and Columbia Property Trust.

The Beijing - based company said the joint venture, which Wanda has not yet named but was referred to as Wanda e-commerce, will set up e-commerce services in its 107 commercial real estate properties throughout China this year.

I have a property in Bangalore which is on joint name of me and my wife.

CDs: Hold property in joint tenancy with right of survivorship (or as tenancy by the entirety if owners are spouses), transfer title to a revocable living trust, or name a payable - on - death beneficiary.

Money Market Accounts: Hold property in joint tenancy with right of survivorship (or as tenancy by the entirety if owners are spouses), transfer title to a revocable living trust, or name a payable - on - death beneficiary.

Where you can increase your borrowing capacity if you apply for a loan together, your lender may only consider half of your rental income from other properties held in joint names.

BC's new Family Law Act and how it impacts excluded property placed in joint names or used to buy, renovate or pay down debt on jointly owned properties remains in legal turmoil.

The prenuptial agreement also stated that the Family Court would not have jurisdiction over any pre-marital property of either party or over property acquired after the marriage, unless same be titled in joint names, and that this agreement as to the absence of jurisdiction shall be unmodifiable.

As Lorne N. MacLean, QC top rated loss of excluded property lawyer warned in earlier blogs, placing property into your spouse's sole or joint name that you have inherited, were gifted personally or that you brought into the marriage can have very nasty consequences on marriage...... Read Full Post

The principle set out in Dowden is this: where a family home is purchased in joint names, the presumption is that the parties intend to own the property jointly in equity also.

If your property is already in one person's name and you want to switch it to a joint tenancy, please discuss with us first.

It is also possible to put real property (for example a house, commercial building, or farmland) in joint names.

Also worth noting that distributions to heirs at law, which is the formal name for people who take via intestacy statutes, are often inferior, at least in part, to the claims of creditors against your probate estate, although sometimes a family provision or «exempt property» or a joint tenancy or beneficiary designation, will have priority over a creditor's claims.

WE REPEAT NEVER PUT EXCLUDED PROPERTY in the other spouse's name or even in joint names but if you do then do not do it without a signed contract saying the property is still fully ePROPERTY in the other spouse's name or even in joint names but if you do then do not do it without a signed contract saying the property is still fully eproperty is still fully excluded.

The common intention resulting trust arises where two parties share an intention that a property be jointly owned in light of joint contributions even though the property is held in the name of only one of the parties.

When a spouse dies, the property might pass to the surviving spouse (if it is titled in joint names), by beneficiary designation, by will or trust instrument, or under the laws of intestate succession (for those who do not have a will) or statutory share (for spouses who have been cut out of the will).

When separate property is retitled in joint names, however, it is presumed to be a gift to the marriage, which converts the separate property into marital property.

Andrew Pliener handles residential development work, David Pridmore, who joined from Watson Burton LLP, is a key name for residential development work, property development, acquisitions and disposals, leasehold requirements and finance - related issues, Jonathan Dickson advises landowners, investors and charities on acquisitions, disposals, portfolio management, landlord and tenant work and utility agreements, and Simon Hellewell, who recently joined from HLW Keeble Hawson, has expertise in negotiating joint venture agreements for large development sites.

In the absence of such an agreement, the statutory matrimonial property regime applies, meaning joint ownership of all assets acquired during the marriage, regardless of the name under which they are held, but only if they were acquired by means of a joint contribution by both spouses.

Registering property in both names as joint tenants avoids payment of estate fees and extra legal fees when one of the owners dies.

The property can be held in joint names as joint tenants or tenants in common or in one party's name only either absolutely or in trust.

l In 1996, the defendant bought a house (the second property) in his sole name funded by his half share in a joint life policy surrendered by the parties and a mortgagIn 1996, the defendant bought a house (the second property) in his sole name funded by his half share in a joint life policy surrendered by the parties and a mortgagin his sole name funded by his half share in a joint life policy surrendered by the parties and a mortgagin a joint life policy surrendered by the parties and a mortgage.

The House of Lords commented that this was the first time it had been asked to rule on the effect of a property held legally in the joint names of a couple who had intended to make the property their home but without a declaration of trust relating to their respective beneficial interests.

As the property in Stack v Dowden was in joint names, the judgment does not look in detail at the first hurdle of establishing a beneficial interest but concentrates on the second hurdle of quantification.

There is a presumption that when one person transfers title to property gratuitously into the name of another (including into a joint tenancy) the transfer is not a gift, but the person receiving an interest in the title gratuitously, holds the title in trust (known as a resulting trust) for the transferor during her lifetime, and for her estate after death.

In Holtby v Draper et al [5], a husband transferred a farm business and real property into joint names with his second wife in a hope to avoid creditor claims by his first wife and other potential civil claims by a couple of third partieIn Holtby v Draper et al [5], a husband transferred a farm business and real property into joint names with his second wife in a hope to avoid creditor claims by his first wife and other potential civil claims by a couple of third partiein a hope to avoid creditor claims by his first wife and other potential civil claims by a couple of third parties.

Baroness Hale listed some of the factors, besides contribution to purchase price, which the court will use to ascertain the parties» true intention including any advice or discussions at the time of the transfer, the reasons why the property was bought in joint names, the purpose for which the property was acquired, the nature of the parties» relationship and the arrangement of the parties» finances.

She concluded that where a property has been registered in the joint names of a married or cohabiting couple — but with no express declaration of trust — the presumption is that the beneficial interests follow the legal and are equal.

That conduct was alleged to have led directly to the purchase of real property or to have created the funds from which three properties were purchased in the first respondent's name and that of his partner, the second respondent, and their joint names.

If the property is in joint name, the plan can be taken in either name.

In most states the general rule is that all assets obtained during a marriage are joint property but responsibility for the debts of one spouse does not pass to the other spouse unless the debt was in the name of both partieIn most states the general rule is that all assets obtained during a marriage are joint property but responsibility for the debts of one spouse does not pass to the other spouse unless the debt was in the name of both partiein the name of both parties.

The Final Judgment of Divorce, and / or Property Settlement Agreement will need to address who is responsible for this debt — whether it is in your name, your spouse's name, or joint names.

JOINT PROPERTY - property that is held in the name of more than onePROPERTY - property that is held in the name of more than oneproperty that is held in the name of more than one person.

Transmutation occurs when spouses change the ownership of property; for example, when a spouse changes the title of a home that is his separate property to a joint title in both spouses» names.

New Hampshire has the broadest definition of «marital property:» it is everything in husband's name, in wife's name, and in joint names.

If the property is in both your names, as «joint tenants» — or as «joint owners with a survivor - ship destination» in Scotland — you might want to change the way it's owned.

All of the owners of the property are named in the partition lawsuit, with the joint owner (or owners) that want to dissolve the shared ownership serving as plaintiff, or petitioner, with the remaining owners in the role of defendant, or respondent.

For example, if the other joint tenant dies before you do, then the property held in joint tenancy will be in your name alone and subject to your will.