Unit 11: How Home Ownership Is Held Flashcards
beneficiary
- The person for whom a trust operates or
in whose behalf the income from a trust estate is drawn. 2. A lender who lends money on real estate and takes back a
note and trust deed from the borrower.
common elements
Parts of a property that are necessary
or convenient to the existence, maintenance, and safety of
a condominium or are normally in common use by all of
the condominium residents. Each condominium owner has
an undivided ownership interest in the general and limited
common elements.
community property
A system of property ownership
based on the theory that each spouse has an equal interest
in the property acquired by the efforts of either spouse
during marriage.
community property right of survivorship
declaration made by husband and wife that community
property will go to the survivor upon the death of one
party; eliminates probate.
condominium
The absolute ownership of an apartment
or a unit (generally in a multi-unit building) based on a
legal description of the airspace the unit actually occupies,
plus an undivided interest in the ownership of the
common elements, which are owned jointly with the other
condominium unit owners.
cooperative
A residential multiunit building whose
title is held by a corporation that is owned by and operated
for the benefit of persons living within the building, who
are stockholders of the corporation, each possessing a
proprietary lease.
co-ownership
A broad category of ownership by more
than one person. Examples are tenants in common and
joint tenants.
corporation
An entity or organization, created by
operation of law, whose rights of doing business are
essentially the same as those of an individual. The entity has
continuous existence until it is dissolved according to legal
procedures.
deed in trust
A form of deed by which real estate is
conveyed to a trustee.
general partnership
An association of two or more individuals
who carry on a continuing business for profit as co-owners.
In a general partnership, each general partner shares in the
administration, profits, and losses of the operation. In a
limited partnership, the operation is administered by one or
more general partners and funded, by and large, by limited
or silent partners, who are by law responsible for losses
only to the extent of their investments. A limited liability
partnership limits an individual partner’s liability arising
from negligence on the part of another partner.
joint tenancy
Ownership of real estate between two
or more parties who have been named in one conveyance
as joint tenants. Upon the death of one joint tenant, the
deceased’s interest passes to the surviving joint tenant or
tenants by the right of survivorship. Not automatically
created in Texas.
limited liability company (LLC)
A business organization in
which a member or a manager is not generally held liable
for debts, obligations, or liabilities of the company.
partition
The division of cotenants’ interests in real
property when the parties do not agree to terminate
the co-ownership voluntarily; takes place through court
procedures.
right of survivorship
The right for a surviving joint
tenant(s) to acquire the interest of a deceased joint tenant;
also applies to community property right of survivorship.
separate property
Under community property law,
property owned solely by either spouse before the marriage;
acquired by gift or inheritance during the marriage, by
purchase from separate funds, by sale of separate property,
by settlement or judgment for personal injury, or by written
contract with a spouse.