Joint Ownership Of Agreement In Suffolk

State:
Multi-State
County:
Suffolk
Control #:
US-00036DR
Format:
Word; 
Rich Text
Instant download

Description

In equity sharing both parties benefit from the relationship. Equity sharing, also known as housing equity partnership (HEP), gives a person the opportunity to purchase a home even if he cannot afford a mortgage on the whole of the current value. Often the remaining share is held by the house builder, property owner or a housing association. Both parties receive tax benefits. Another advantage is the return on investment for the investor, while for the occupier a home becomes readily available even when funds are insufficient.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Joint ownership is a common estate planning strategy that offers both simplicity and challenges. While it can streamline the transfer of assets and reduce probate costs, it also comes with potential drawbacks, including loss of control and unintended consequences.

Joint tenants – each owner owns an undivided interest in the whole property, but if the interest is sold, the joint tenancy ends and the owners become tenants in common. If one of the joint tenants dies, the deceased person's interest automatically goes to the other joint tenant.

If the joint owner has debts, files for bankruptcy, or is subject to a tax lien or judgment, creditors may pursue the jointly owned property. For example, if you add your adult child to the deed of your home and they have undisclosed debts, your property could be at risk of being seized to settle those debts.

To create a joint tenancy with the right of survivorship, all you need to do is put the right words on the title document, such as a deed to real estate, a car's title slip, or the signature card establishing a bank account.

Can a Lien be Placed on My House for a Spouse's Debt in New York? Yes, a lien can be placed on a jointly owned home in New York, but it is attached only to the debtor-spouse's interest (share) in the property. This, however, isn't as simple as splitting the shares 50-50.

Medicaid rules provide that for jointly owned real estate, such as a home or farm land, the entire value of the property can, in certain circumstances, be disregarded as a non-countable resource, meaning it will not count against the applicant.

Consider the following risks before you embrace joint tenancy as a planning tool. Loss of control. Exposure to creditor claims. Unexpected tax consequences. Strained relationships. Lose use of testamentary trusts. Learn what your POA can and can't do. Choose your POA wisely. Review your POA selection periodically.

Problems With Joint Ownership By jointly owning property, you may find yourself party to a lawsuit if your co-owner is sued or the asset could be lost to a creditor of your co-owner. If your co-owner becomes incapacitated, you could find yourself “owning” the property with the co-owner's guardian or the courts.

In the great majority of states, if you and your co-owners own property as "joint tenants with the right of survivorship" or put the abbreviation "JT WROS" after your names on the title document, you not only co-own the property, but you own it in a way that automatically determines who will own it when one of you dies ...

For example, the intent may be manifested through simply stating in the conveyance deed, “as joint tenants”. This can also be accomplished by utilizing such phrases as, “in joint tenancy with the right of survivorship” or “as joint tenants with the right of survivorship”, or the abbreviation “JTWROS”.

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Joint Ownership Of Agreement In Suffolk