Can My Husband Evict a Tenant if He Abandoned the Home?
The answer will depend on how the property is titled on the deed. If you are tenants in common, you may transfer or lease your share of the property without the other owner's consent. If you are joint tenants with right of survivorship, the courts are split on whether the leasing of the property by one owner will sever the joint tenancy to create tenancy in common. Generally, if you are tenants in common, you may lease your share of the property without the other owner's consent and the ther owner may not evict. However, if you are joint tenants, then the other owner's consent is needed to lease the property and the other owner may evict a tenant.
In the terms of joint tenancy the owners own all the property and their interests are not subject to division. There are certain conditions and rules that apply with this kind. First, they must be able to make decisions jointly in connection with the property such as about to sell it. Any other issues about the property must be jointly decided. For example, leasing the property would have to be jointly decided on.
Tenancy in common is slightly different from joint tenancy. Under tenancy in common individuals may own pieces or shares of the property. The shares may or may not be equal. When it comes to the subject of selling property one person can decide to sell their part of the property, take out a second mortgage, or do whatever they want with their share. It is owned as a separate entity in many respects from the other person's portion.
Joint tenancy comes into being, or is created, by a specific act of the parties involved. For example, real estate held in this fashion is typically the result of a property transfer by deed. Each joint tenant owns an equal share of co-owned property. When the first joint-tenant dies, the title designation transfers the property immediately and automatically to the surviving joint tenant. This ownership arrangement is said to be a will substitute because it eliminates probate of this particular asset. Avoiding probate does not mean the property will not be included in the taxable estate of the first co-owner to die, or that state and a federal gift and estate taxes will be avoided. Estate planning experts feel joint tenancy is a poor method of planning property transfer for two reasons. First, each co-owner has given up the right to leave the property to anyone other than the other co-owner. Circumstances may change and either tenant may later want to leave the asset to someone else. Either party can usually dissolve a joint tenancy during life, but this may not always be possible or practical. Second, where taxes are an important consideration in planning an estate, holding assets in joint tenancy does not permit one joint tenant to leave their share of the assets in such a way as to save taxes. Upon the death of the first joint tenant, the asset goes outright to the survivor. This causes the survivor’s taxable income and taxable estate to be increased. Careful consideration should be given to the tax consequences of dissolving existing joint tenancies because additional gift and estate tax obligations may be created. Tax implications should be fully explored with tax experts before changes are made and, particularly, before new joint tenancies are created. Joint tenancy with the right of survivorship reflects the desire of many husbands and wives to hold title to property in a way that the survivorship characteristic prevails. When either dies, they each want the surviving spouse to acquire full ownership in the property and to do so with a minimum of time, trouble, and red tape. Thus, they take or hold title to property as “Joint Tenants and to the Survivor.” Tenancy in common is another form of co-ownership of property that can exist between any two or more persons. Tenancy in common can be created by deed, will, or by law. Tenants in common, like joint tenants, must act together to decide how they are going to enjoy and use the property. Problems about the management and improvement of the property, and how the income stream is to be divided, can exist. A distinguishing characteristic is that there is no right of survivorship. Each tenant can dispose of their separate and distinct, yet undesignated, interest in the property in any way they choose.
Each co-owner can sell it or give it away. They can direct its eventual disposition by last will and testament, or they can ignore the problem. Each co-owner’s property will be distributed, when they die, according to the law of property descent and distribution. Several of the more important characteristics of a tenancy in common are:
1. Each tenant in common has the power to dispose of their separate and distinct, yet undesignated interest, in whatever property is involved, any way they choose.
2. When a co-owner dies, their interest does not pass to the surviving tenant-in-common. It passes to the surviving co-owner spouse, or to some other person or party, but only if the property owner so indicates his wishes in his last will and testament. Otherwise, the property passes under the laws of intestacy.