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February 12, 2012
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FEATURE

Why Are Title Issues Complex?

Question: Why are title issues complex?

Answer: Title issues are typically determined at the state level and how a home is titled can have significant tax, estate, liability, and financial implications.

For instance, you can have a tenancy by the entireties (for married couples), community property, a tenancy in common (where interests need not be equal), a joint tenancy (where all interests are equal), etc. Then, you can have right of survivorship built-in or not built-in, you can have a written agreement among the parties to organize the owners, you can have condo and co-op regimes to govern ownership, equity-sharing agreements can impact title issues, and then you can gain ownership more or less with a quitclaim deed -- the owner transfers such interest as he has in the property (which may be no interest). Add in partnerships, corporations, non-profit entities, and title matters become unbelievably complex. And don't forget deed restrictions....

Because title issues are central to real estate ownership, such matters should be handled with care. Please see an attorney or legal clinic for details.



© 1997 Peter G. Miller. All Rights Reserved.


Written by Peter G. Miller.

© 1997 Peter G. Miller. All Rights Reserved. Rules, Disclaimers & Notices.

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