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Real Property

real prop·er·ty

Short Definition

Land and anything permanently attached to it, including a house and its structures, as distinct from personal property. Real property generally requires a deed to transfer, whether that transfer happens inside or outside probate itself.

In a Sale

What This Means When the House Is Being Sold

Whether a specific asset counts as real property matters because it changes the entire process for selling or transferring it. A house is real property and needs a deed. The furniture inside it is personal property and does not. Fixtures, such as built-in cabinets or an installed dishwasher, generally count as real property and transfer with the house rather than being treated as belongings to divide separately.

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Not to Be Confused With

What Tells Them Apart

Real property is land and what is permanently attached to it, transferred by a recorded deed. Personal property is movable belongings, transferred without one. Estate is the broader category taking in both real and personal property, plus financial accounts and other assets a person owned at the time of death.

Questions

Questions People Ask

Do the appliances and built-ins go with the house or count as belongings?

Fixtures generally count as real property and transfer with the house. Built-in cabinets and an installed dishwasher usually go. Freestanding furniture is personal property and does not. The distinction matters because it changes whether an item transfers by deed with the house or is divided separately among heirs.

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