tenancy by the entirety texas

70 results for tenancy by the entirety texas

  • vLex Rating
  • Ownership of Real Estate

    ... own it together. One way is known as a "tenancy in common." This form of ownership gives the owners a unity of possession with separate and distinct titles to the real estate belonging to each owner. Each owner has a right to separately convey and transfer his/her title to the real estate. If one of the owners dies, his or her title passes t...

  • United States v. Rodgers, 461 U.S. 677 (1983)

    ..., also has a separate "homestead" right as defined by Texas law. Under Texas statutory and constitutional provisions, each ... of the federal tax lien to interests in tenancies by the entirety. Post, at 719-720. Quite apart from the fact that the dissent's ... by the dissent was, not merely that interests in a tenancy by the entirety could not be sold to satisfy a tax debt of one ...

  • Husband and Wife

    The law of affects the legal rights and obligations of the spouses toward one another and toward the world. Discussed here is the law of as it applies to the ownership and buying and selling of real estate. Previously the common law limited a wife's right to own real estate independent of her husband. Such laws now have been repealed or declared unconstitutional and unenforceable. Black's...

    ... or deeded to a husband or wife during their marriage is a tenancy in common unless the conveyance expressly states another type of ... to a husband or wife during their marriage is tenancy by entirety unless declared otherwise in the conveyance. During a marriage, ...TEXAS. In Texas, during the marriage, the husband and wife may acquire ...

  • United States v. Craft, 535 U.S. 274 (2002)

    ... property in Michigan that they owned as tenants by the entirety. Subsequently, the Internal Revenue Service (IRS) agreed to ... its lien had attached to the husband's interest in the tenancy by the entirety. The District Court granted the Government ...Texas law provided that "'the owner or claimant of the property claimed ...

  • USA v. Deborah Barczyk, (6th Cir. 2011)

    ... Barczyk and her tax-delinquent husband as tenants by the entirety. Mrs. Barczyk, who does not owe unpaid taxes to the United ... would destroy the survivorship interest guaranteed by her tenancy by the entirety. . When a person fails to pay outstanding ... forced sale of property jointly owned by spouses under Texas's homestead law when only one spouse owed delinquent taxes. The ...

  • Garner v. Gerrish and the renter's life estate: teaching a new concept of 'home.'.

    ... among leaseholds for a term of years, the periodic tenancy, and the tenancy at will. The landlord in Garner, Robert Donovan, ... the one raised in Garner, "will examine the lease in its entirety as well as the context in which the bargain was struck. Some .... (228) Brian Z. Tamanaha, Understanding Legal Realism, 87 TEXAS L. REV. 731, 734 (2009). . (229) Sullivan, supra note 224, at ...

  • A Purse of Her Own: The Case Against Joint Bank Accounts1

    Paychecks that would otherwise remain separate pass through joint accounts from which either spouse can withdraw funds for use by the household.4 Joint bank accounts provide an avenue for the sharing of marital resources and therefore appear to epitomize the ideal of contemporary marriage-a marriage between partners who share everything, including money.5 The ownership of a joint bank account is...

    ... majority rule for joint accounts that are held in joint tenancy.62. A minority of states, including Michigan, agree that a ... with a few other states, not only allows tenancy by the entirety in personal property, it presumes it.68 When a husband and a wife ... statute on divorce it must be distributed as if it had.142 Texas allows community property to be put into a joint account with ...

  • USA v. Carolyn Barr, (6th Cir. 2010)

    ... home that he and his wife Carolyn own as tenants by the entirety. Mrs. Barr argues on appeal, as she did before the district ... Detailed consideration of the component interests of a tenancy by the entirety reinforces this intuitive conclusion. A tenancy ... had owned and occupied their home as a homestead under Texas law. Id. Texas law provides that, at the death of one spouse, the ...

  • Estate of James A. Elkins, Jr., Deceased, Margaret Elise Joseph and Leslie Keith Sasser, Independent Executors, Petitioners V. Commissioner of Internal Revenue, Respondent

    D owned undivided fractional interests in 64 works of contemporary art. In valuing certain of those fractional interests, pursuant to IRC sec. 2703(a)(2) the court disregard D's agreement by which he waived his right to institute a partition action with respect to some of the works of art and thereby relinquished an important use of his fractional interests in those works. By notice of deficiency

    ... they filed the petition, petitioners resided in Houston, Texas. The Art. Decedent (sometimes, Mr. Elkins) and Mrs. Elkins ... lease] for the purpose of selling the item * * * in its entirety." Section 13 states that the lease and the parties' "rights, ..., he testified: "If this language was not in the co-tenancy agreement, any individual interest owner would have the right to ...

  • Turner v. Safley, 482 U.S. 78 (1987)

    ...Reasoner and Ann Lents. Jim Mattox, Attorney General of Texas, Mary F. Keller, Executive Assistant Attorney General, and F. ...g., Social Security benefits), property rights (e. g., tenancy by the entirety, inheritance rights), and other, less tangible ...

  • Toward a Theory of Interactive Federalism

    Dual federalism is dead, but its spirit continues to haunt contemporary discussions of federalism. Neither courts nor scholars embrace dual federalism's goal of creating exclusive and non-overlapping spheres of state and national authority. Nevertheless, the dualist conception of federalism as a line-drawing exercise persists. This Article offers an alternative conception that understands the...

    ..."Don't mess with Texas" captures a certain cultural self-identification. "Don't mess ..., the appropriate relationship would be closer to a joint tenancy. The states and the federal government generally enjoy a joint, ... note 82, at 56 ("[T]he historical record, viewed in its entirety, fails to support the existence of state autonomy as a critical ...

  • United States v. Mitchell, 403 U.S. 190 (1971)

    ..., with respect to the community property laws of Arizona, Texas, and Louisiana. Goodell v. Koch, 282 U.S. 118 (1930); Hopkins v. ... After reviewing joint tenancy and tenancy by the entirety known to the common law, the court ...

  • United States of America, Plaintiff-Appellee, v. Amos D. Davenport, Jr. and Norma L. Davenport, Defendants-Appellants., 106 F.3d 1333 (7th Cir. 1997)

    ... residence violates Illinois homestead law, the Illinois tenancy by the entirety statute, and Internal Revenue Service procedural ...Mrs. Rodgers objected to the sale under Article 16 of the Texas constitution, which provides that homestead property "is hereby ...

  • Villas at Parkside Partners, et al v. City of Farm, (5th Cir. 2012)

    ...v. THE CITY OF FARMERS BRANCH, TEXAS,. ... authority to initiate proceedings to terminate a lease or tenancy to knowingly permit an occupant to occupy a single family ...Therefore, although we acknowledge that the entirety of the Third Circuit’s judgment has been vacated, we ...

  • Villas at Parkside Partners, et al v. City of Farm, (5th Cir. 2012)

    ...v. THE CITY OF FARMERS BRANCH, TEXAS,. .... Therefore, although we acknowledge that the entirety of the Third Circuit’s judgment has been vacated, we ... authority to initiate proceedings to terminate a lease or tenancy to knowingly permit an occupant to occupy a single family ...

  • Kitchen v. Herbert, (10th Cir. 2014)

    ...Texas, 539 U.S. 558, 567 (2003). The decision in Baker also pre-dates ..., Social Security benefits), property rights (e.g., tenancy by the entirety, inheritance rights), and other, less ...

  • United States of America Plaintiff-Appellant, v. Certain Real Property Located At 2525 Leroy Lane, West Bloomfield, Michigan, and Leah Liza Marks, Defendants-Appellees., 910 F.2d 343 (6th Cir. 1990)

    ... of an innocent spouse in real property held as a tenancy by the entirety under Michigan law. On February 26, 1987, an ... 404 (1966), the Supreme Court addressed the application of Texas property law to an action to obtain judgment on a Small Business ...

  • Elbert L. Hatchett and Laurestine Hatchett, Plaintiffs-Appellees, v. United States of America, Defendant-Appellant., 330 F.3d 875 (6th Cir. 2003)

    ... properties held by the Hatchetts as tenants by the entirety. The district court, relying on a decision of this Court, Craft ... law and that the levies may attach to property held as a tenancy by the entirety. The United States also argues that the levies ...The Court in Rodgers decided that a Texas homestead law did not prevent the Government from forcing the ...

  • Standing to Challenge State and Local Immigration Regulation: How the Notion of Expressive Injury Can Restore Federal Power Over Immigration

    INTRODUCTION John Doe 1 was a tenant in Hazleton, Pennsylvania, in September, 2006. ' Because he was not a United States citizen or permanent legal resident, he was confident the United States government could deport him at any time.

    ...," which required tenants to register for permits of tenancy based on the legality of their status in the country, and an ... notable attempts took place in Oklahoma,147 Georgia,148 and Texas.149 A city in Texas - Farmers Branch - passed an ordinance ...This was not the entirety of the court's opinion, however. Also on appeal was the district ...

  • Banking Industry Scores Big in Texas Legislative Session

    ... crisis to wreak legislative havoc on the Texas banking industry. However, when the gavel struck the dais on June 1, ending the 140-day session, the banking industry had, instead, experienced one of its best sessions in recent years. Texas legislators filed more than 8,000 pieces of legislation in the 140-day 81st Session of the Texas Legislature. While most of the legislation was not related to the business of banking, there was no...

  • Pedro Lozano v. City of Hazleton, (3rd Cir. 2010)

    ... enjoined Hazleton from enforcing the ordinances in their entirety. . We now hold that the district court erred in reaching ... Escondido, California and the City of Farmers Branch, Texas, which have passed ordinances regulating the provision of rental .... The renewal of a month-to-month lease or other type of tenancy which automatically renews absent notice by either party will not ...

  • Warminster Equities LLC v. Warminster Commerce LLC, (3rd Cir. 2012)

    ..., United States District Judge for the Southern District of Texas, sitting by designation. . Lease also provided the lessee with ... judgment and dismissed Equities's complaint in its entirety. On August 4, 2011, upon motions for summary judgment filed by ... apply here because the Lease was for a long-term ground tenancy rather than a short term rental. Equities cites to no case law ...

  • Property in Commingled Gas - the Legal Structures Compared.

    ... other cause" and without any wrongful act, gave rise to a tenancy in common8. More recently the same principle has been applied to ...If a tenant in common wishes to dispose of the entirety of a volume or volumes which it, or its predecessor in title, has ... at an underground gas storage operation in Brenham, Texas in 1992 caused major damage above ground as well as below. I ...

  • Wealth Management Update - 2010 Year-End.

    .... The Fisher parents transferred an LLC, in its entirety, to their 7 children over the course of 3 years using annual ... In this case, the Tax Court held that a contribution of a tenancy-in-common interest in a personal residence to a qualified ..., the government avers that under the relevant state law - Texas - a personal representative must preserve sufficient assets to ...

  • Wealth Management Update - 2010 Year-End

    ... The Fisher parents transferred an LLC, in its entirety, to their 7 children over the course of 3 years using annual ... In this case, the Tax Court held that a contribution of a tenancy-in-common interest in a personal residence to a qualified ..., the government avers that under the relevant state law – Texas – a personal representative must preserve sufficient assets to ...