Title and ownership of property in real estate law can be quite the fickle beast considering some factors. Would you be surprised if marriage was one of them? Let that pass, and you should be just fine, but I’ll explain a particular scenario for you.
Let’s say you own some property, and you have tenants – a couple, a married couple, if you will. That’s all well and good, and then the married couple insists on completing something under real estate law called ‘property transference.’ That’s essentially passing tenancy from one party to another without even any consideration, consent or approval by you. This typically wouldn’t be any big of a deal, though, as long as you receive your rent payments in full and on time; however, when title then keeps passing more and more, you end up having to observe applicable limitations, and interests between tenants and prior tenants can get lost in the mix. The point is this – sometimes property transference can be done fraudulently, and as a property owner, you have to take that into account and file appropriate actions.
A way property transference can be considered fraudulent, for example, is if your tenants both transferred property to a son or daughter but without the tenants actually being married at that time. According to real estate law, oftentimes marriage can be a deciding factor legally when it comes to property. Who still retains their interest in the property? Not both tenants, because they’re not legally married.
It is then considered a fraudulent transference of property. Since both couldn’t successfully transfer property to a son or daughter, the transference essentially is void. You’ll find that no amount of appeal can contest that fact.