Indiana Real Estate Law Questions & Answers

Q: My husband, my brother, and I are living in my moms house but she passed away.

1 Answer | Asked in Real Estate Law for Indiana on Aug 6, 2014

Answered on Aug 7, 2014

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Charles Snyderman's answer
I am not an Indiana attorney, but I am not aware of any state that requires you to change the Deed. One question, however, is how did you acquire title. Was there a Will?

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Q: Can I do anything about a buyer who doesn't disclose financial information?

1 Answer | Asked in Real Estate Law for Indiana on Jul 18, 2014

Answered on Jul 19, 2014

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Michael Ray Smith's answer
If I understand correctly, you are a bit suspicious that the buyer may not have disclosed all of her financial information in applying for a loan precisly so she would not qualify and therefore could get out of the purchase agreement. A couple of thoughts....

Most purchase agreements that are contingent on the buyer obtaining financing require the buyer to apply for financing within a certain period of time and to make a diligent effort to obtain financing. If she withheld information...

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Q: I signed a contract as the seller in Indiana. I now do not want to sell. What do I do?

1 Answer | Asked in Real Estate Law for Indiana on Jun 23, 2014

Answered on Jul 8, 2014

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Michael Ray Smith's answer
This answer may be a bit late but. . . . based only on the facts you've given, and assuming the contract is valid and created a binding obligation for you to sell, it seems you have to possibilities: (1) Go through with the sale. (2) Try to negotiate a resolution with the buyer which will likely require that you pay the buyer some money. In most cases, a court will not order a party to actually peform the contract but, instead, will order the breaching party to pay damages. Contracts for the...

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Q: i lease a home and am trying to buy a home can i get out of my lease

1 Answer | Asked in Real Estate Law for Indiana on Jun 11, 2014

Answered on Jun 13, 2014

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John S LaRose's answer
You can always get out of your lease. The question is: what will it cost you? There is no way to tell without reading the lease.

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Q: Can a mortgage provider prevent someone from selling their house on contract?

1 Answer | Asked in Real Estate Law for Indiana on May 30, 2014

Answered on May 30, 2014

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Charles Snyderman's answer
Google the name of your town followed by real estate lawyer.

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Q: Can emails stating there is an agreement override the fact that you can't have a verbal agreement to buy a house?

2 Answers | Asked in Real Estate Law for Indiana on May 8, 2014

Answered on May 15, 2014

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Charles Snyderman's answer
An email exchange can form the basis for a valid, enforceable contract. The question is whether the emails contain enough documentation of the essential terms that must be agreed on.

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Q: My mom and i own 32 acres can she let anyone move on it without my permission

1 Answer | Asked in Real Estate Law for Indiana on Apr 21, 2013

Answered on Apr 18, 2014

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Michael Ray Smith's answer
Yes. If land is owned jointly by two people (whether it's as joint tenants or tenants in common), each owner has the right to full use of the land. However, if the property is leased, each owner should get half the rent, regardless of which owner made the lease. And if there is a disagreement between the two owners, either of them can go to court to have the property "partitoned" or divided in two, with each owner getting half.

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Q: My husband owned the house before we were married if he died will I still be able to own the home?

1 Answer | Asked in Real Estate Law for Indiana on Jun 22, 2013

Answered on Apr 18, 2014

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Michael Ray Smith's answer
I assume nothing has been done so far and the house is still entirely in the husband's name. In that case, if the husband dies, the house will pass to his heirs either under his will, if he has one. If dies without a will, the house will pass to his heirs according to the rules of intestate succession. Whether the wife gets the entire ownership of the house depends on whether there are other survivors and what their relationships are to the husband; however, I can't think of a situation in...

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Q: If a spouse dies and both names are on the house, do the surviving spouse automatically own the house

1 Answer | Asked in Real Estate Law for Indiana on Jan 9, 2014

Answered on Apr 18, 2014

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Michael Ray Smith's answer
Yes, usually, but it depends on how the deed reads. Usually, if the house was bought during the marriage, the deed will give the married couple a "tenancy by the entirety." If they bought the house before they got married, the deed will usually give them a "joint tenancy." In either of those cases, when one of the two owners dies, the other one will automatically own the house. However, it's also possible (although not very likely) that the deed made them "tenants in common." In that case,...

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Q: What is the procedure to sell a house when a part owner does not want to sell in Indiana?

1 Answer | Asked in Real Estate Law for Indiana on Feb 20, 2014

Answered on Apr 7, 2014

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Michael Ray Smith's answer
You should consult an attorney about filing a court petition to "partition" the property under Indiana Code 32-17-4.

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Q: CAN I REMOVE A NAME FROM A DEED WITH A DEATH CERTIFICATE

1 Answer | Asked in Real Estate Law for Indiana on Feb 28, 2014

Answered on Apr 2, 2014

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Michael Ray Smith's answer
I'm guessing that you are talking about property that was held in joint tenancy with right of survivorship. One of the joint tenants died, and now the property is owned by the surviving joint tenant. If that's the case, the surviving joint tenant can sign a document called an affidavit of survivorship and have it recorded in the county recorder's office. That will "clean up" the title record so the survivor can sell the property. But if my guess about the details of your question is wrong,...

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Q: Buyer pays cash for property. Property appraises under purchase price. Is buyer still bound to purchase?

1 Answer | Asked in Real Estate Law for Indiana on Sep 8, 2013

Answered on Nov 12, 2013

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Charles Snyderman's answer
Yes, unless there is a contingency in the contract relating to the appraisal.

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Q: How Long does someone have to take care of a piece of property before it legally becomes theirs in indiana

1 Answer | Asked in Real Estate Law for Indiana on Oct 16, 2011

Answered on Jul 12, 2012

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Mr Jeffrey D Heck's answer
This is a question of "adverse possession." Time is only one element that you would have to prove in court in a Quiet Title action. Ten years under a belief that you own it with the proper owner having the ability to learn that you are possessing it are some of the key elements. Your claim may already have failed because you are investigating the matter after only 3 years.

Previous owners who acted like it was theirs and sold it under that impression can be "tacked on" to your time...

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Q: Do I need an attorney to petition a court to release funds being held due to the sale of land under imininet domain?

1 Answer | Asked in Real Estate Law for Indiana on Jan 4, 2012

Answered on Jul 12, 2012

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Mr Jeffrey D Heck's answer
No. It may save you a lot of time though. The attorney can do in an hour or two what may take you days to figure out.

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Q: Do a married couple in Indiana has the same rights for property, such as a house? Can one spouse only decide to sell?

1 Answer | Asked in Real Estate Law for Indiana on Feb 27, 2012

Answered on Jul 12, 2012

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Mr Jeffrey D Heck's answer
It depends on how the last deed of record (meaning on file with the county recorder) reads. If it includes the words, "husband and wife," then, no, both spouses must sign because the property is a tenancy-by-the-entirety.

If the deed omits those words or says "joint tenants with rights of survivorship" or "tenants-in-common," the selling spouse can sell that spouse's partial interest only. The remaining spouse has no obligation to sell, absent a court order such as in a divorce decree or...

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Q: Neighbor's fence is on my property. I want it removed. Can I remove it if he doesn't? Survey completed.

1 Answer | Asked in Real Estate Law for Indiana on May 8, 2012

Answered on Jul 12, 2012

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Mr Jeffrey D Heck's answer
All citizens first duty is to maintain the peace. If you can do by telling the encroaching neighbor about your plans, and they consent. You can exercise your right. If the neighbor declines, you should seek a judge's intervention by a declaratory judgment describing your rights or an injunction prohibiting your neighbor from interfering with your removal process.

Ultimately the question is, "Who will the police through in jail for breaching the peace or violating a court order?" Avoiding...

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Q: Signed a 24 mo lease agreement on May 1, 2012. Approx. 5 wks later the owner had listed the house for sale. What next

1 Answer | Asked in Real Estate Law for Indiana on Jun 15, 2012

Answered on Jul 12, 2012

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Mr Jeffrey D Heck's answer
The rules of real estate are based on seniority of ownership interest. Often purchasers of rental homes want the tenant. The income stream enhances the value of the real estate as an income-producing property. If they do let you stay, they should ask you to sign a "certificate of attornment." It is a document that switches your allegiance from the previous landlord to the new one.

If they do not wish to keep you in the property, you can have problems. Consult a lawyer, but be prepared...

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Q: My septic system is not to code. Can i sue the people that built the home in 1968?

1 Answer | Asked in Real Estate Law for Indiana on Jun 30, 2012

Answered on Jul 12, 2012

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Mr Jeffrey D Heck's answer
Based on the statute of limitations, it is highly improbable. Written contracts have 10 year statute of limitations. Unwritten 6 years. It would require a non-contractual theory, which is more likely to have an even shorter statute of limitations, prohibiting filing your lawsuit.

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Q: What documents are required to leagally and lawfully complete a land contract purchase, what steps need to be done, ie.

1 Answer | Asked in Real Estate Law for Indiana on Jul 27, 2011

Answered on Jul 29, 2011

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Terrence Rubino's answer
you should contact a real estate lawyer in the county where the purchase is. feel free to call our firm's ken wilk for a free telephone consultation. generally, as the purchaser you want clear title. this means you want the title company to issue title insurance. you will want a warranty deed. typically closings are held at the title company and it charges a modest fee but it is usually done right. good luck.

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