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If a property with a due-on-sale clause in the mortgage loan is transferred and the loan is not paid off, the bank could call the loan and then foreclose on the property if the buyer is unable to immediately tender the entire remaining balance on the loan. How likely this is depends on how the real estate economy is doing.
Et vir is a Latin phrase meaning "and husband". [1] It is used in legal literature to indicate a couple comprising an identified woman and her otherwise unidentified husband. The U.S. Supreme Court case Troxel et vir v. Granville is an example of modern legal usage of the Latin phrase.
Different jurisdictions provide different degrees of protection under homestead exemption laws. Some protect only property up to a certain value, and others have acreage limitations. If a homestead exceeds the limits, creditors may still force the sale, but the homesteader may keep a certain amount of the proceeds of the sale.
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A spouse may waive these rights in writing with respect to the will, but a minor child is not competent to do so. Finally, the homestead exemption for property taxes automatically attaches to the surviving spouse, so the property will never be exposed to the creditors of either spouse because of the death of the other.
Property acquired before marriage is separate and belongs to the spouse who acquired it. Property acquired during marriage is presumed to belong to the community estate except if acquired by inheritance or gift, or by exchange for other separate property. This definition leads to numerous issues that can be difficult to ascertain.
Accession in property law is a mode of acquiring property that involves the addition of value to the property through labour or the addition of new materials. For example, a person who owns a property on a river delta also takes ownership of any additional land that builds up along the riverbank due to natural deposits or man-made deposits.
Separate Property with Equitable Distribution: Under this system, when substantially more property acquired during a marriage is owned by one spouse (e.g. title to all marital property is held in the husband's name only), the courts will make an equitable distribution of the richer spouse's property at death or dissolution of the marriage.