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Questions Answered by Joseph Jaap
1 Answer | Asked in Real Estate Law for Ohio on
Q: If my husband purchased our home before we were married, and I am not on the mortgage, am I also financially responsible

We are divorcing. Can I record a Quit Claim deed to him for my marital equity prior to divorce so I can obtain another home?

Joseph Jaap
Joseph Jaap
answered on Oct 6, 2022

The divorce will divide assets, equity, and debts between the spouses, to determine who gets what and who pays what. A Quit Claim Deed would not be effective until after the divorce has been finalized by the court. Talk to your divorce attorney about it, or use the Find a Lawyer tab to retain a... Read more »

1 Answer | Asked in Family Law for Ohio on
Q: If my husband left 7 months ago does he have rights to move back in legally?
Joseph Jaap
Joseph Jaap
answered on Oct 4, 2022

If nothing has been filed with the domestic relations court, and no protection order has been issued to keep him away, then since you are still married, you have no right to exclude him. If you file to terminate the marriage, then could ask the court to grant you exclusive occupancy. Use the Find... Read more »

1 Answer | Asked in Entertainment / Sports, Intellectual Property and Trademark for Ohio on
Q: Is it alright to name an Ohio sports club with a mascot name from a high school in Illinois? Can we use their colors?

Is it alright to name an Ohio sports club with a mascot name from a high school in Illinois? Can we use their colors? We would not use their images and the letting on our jersey design would be different.

Joseph Jaap
Joseph Jaap
answered on Sep 30, 2022

The only way to find out if it is "alright," is to contact the trademark owner and obtain permission. Without prior permission, there is a risk that the trademark owner could sue for trademark infringement.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: I live in a apartment and our landlord texted me today saying everyone is 5,6,7,8 have to vacate is that legal

We all have a month to month lease and she wants to raise rent again starting November 1st after she already raised it once and then kick us out before the beginning of the year.

Joseph Jaap
Joseph Jaap
answered on Sep 29, 2022

A month to month tenancy can be terminated by either landlord or tenant by giving 30 days' written notice. If a tenant does not leave, then landlord can file an eviction. If a landlord sends notice of a rent increase, and tenant does not agree, then tenant or landlord can give the 30 days... Read more »

1 Answer | Asked in Probate and Real Estate Law for Ohio on
Q: How can you transfer title to heirs when property is passed intestate without going through probate in Ohio?

The time to go through probate in this case has passed so I am looking for other options to pass title

Joseph Jaap
Joseph Jaap
answered on Sep 28, 2022

Depending on how the deed to the real estate is drafted, it might have to go through probate. Use the Find a Lawyer tab to retain a local probate attorney who can review the deed and re-open the probate case to transfer the property if that is necessary.

1 Answer | Asked in Probate and Estate Planning for Ohio on
Q: My father gave POA to his girlfriend, instead of his kids. I have evidence of his schizoid delusions, making it invalid.

My brother is not included in his previous will, and I want to protect his rightful inheritance.

Does giving proof of mental incompetency at the time the latest will and power of attorney paper were filed (Aug. 22nd, 2022) nullify both and immediately revert to the previous will?... Read more »

Joseph Jaap
Joseph Jaap
answered on Sep 28, 2022

If the probate court were to appoint a family member as his guardian, that would terminate her POA. The probate court could also determine if he was competent when he made a new will or whether there was coercion, undue influence, or other improper pressure to change the will. Use the Find a... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Can I withhold rent from my landlord for failure to repair plumbing problems?

Kitchen plumbing has leaked and been clogged up since my move in date and landlord refuses to repair the problem.

Joseph Jaap
Joseph Jaap
answered on Sep 26, 2022

If a tenant withholds rent, the landlord can file an eviction. Try to work it out with the landlord to get repairs. If that doesn't work, then after giving written notice to landlord of the problem, you can start paying rent on time each month into escrow with your local court. Check the... Read more »

1 Answer | Asked in Real Estate Law for Ohio on
Q: I own my house with no mortgage or house payment I put my girlfriend on deed & she got a loan on house & im not on loan.

I want her off deed & not sure how to go about it

Joseph Jaap
Joseph Jaap
answered on Sep 26, 2022

You'll either have to negotiate a buy-out with her to pay her to sign a deed to convey the house back to you and payoff her loan, or you can file a partition action in court in which the court would determine how much you pay her to buy her out, or the court could order the house sold, and you... Read more »

2 Answers | Asked in Real Estate Law for Ohio on
Q: If I share a deed to a house with my spouse, and her mom's over and i dont want her over, can i have her mom trespassed

I am not married, but am considering it in a couple years, I couldnt find the answer online to this and am just curious. who has the advantage, if two people own a home 50/50 and one wants a guest over and one doesnt, who legally has the advantage, and how would this issue go about being resolved... Read more »

Joseph Jaap
Joseph Jaap
answered on Sep 26, 2022

The co-owner is not a spouse if the co-owners are not married. Each co-owner can invite whomever they choose as a guest -- or even as a tenant. Without a written and signed joint-ownership agreement for the house, resolving disputes between co-owners can be difficult. If a dispute cannot be... Read more »

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1 Answer | Asked in Real Estate Law for Ohio on
Q: Can land in Ohio ever be conveyed without dower rights released?
Joseph Jaap
Joseph Jaap
answered on Sep 22, 2022

Sure, property can be conveyed without a dower release from a spouse. There is no requirement to release dower rights when conveying to a buyer. But a knowledgeable buyer, and the buyer's lender, would require a dower release. A buyer without an attorney might accept a conveyance... Read more »

1 Answer | Asked in Real Estate Law and Small Claims for Ohio on
Q: neighbor is blaming us for breaking there fence and we have no idea what happen when the house has been empty

THEY ARE WANTING US OT PAY 1440.00 TO FIX THERE FENCE THEY ARE JUST ASSUMING THAT WE BROKE IT, ARE WE REQUIRED TO FIX IT

Joseph Jaap
Joseph Jaap
answered on Sep 21, 2022

You would only be required to pay if they sue you, present valid evidence and testimony in court that proves you caused the damage, and get a judgment against you in small claims court. But even if they don't sue, neighbor disputes are difficult to resolve, and can escalate, sometimes... Read more »

1 Answer | Asked in Real Estate Law for Ohio on
Q: How do i buy a house in a dower state when i dont know where my husband is?

Separated from abusive husband 3 years, no contact , he has no permanent address, lives in his van, traveling state to state. I supposedly need him to sign off (he wont divorce me) on ME buying a house for ME.How can i do this? I dont want him to know where i am. When i sold my house 3 yrs ago, he... Read more »

Joseph Jaap
Joseph Jaap
answered on Sep 21, 2022

When buying a house, both spouses must sign the mortgage. If there is no mortgage, then other spouse is not needed to buy the house. When selling a house, both spouses must sign the deed to convey to buyer. Use the Find a Lawyer tab to retain a local family law attorney to file for divorce,... Read more »

1 Answer | Asked in Family Law and Business Law for Ohio on
Q: Can a wife take over financial ownership because her husband is incompetent & his sister currently has power of attorney

His sister has had power of attorney for about 25 years and his wife of 12 years (together 16) is trying to get financial ownership of her and her husband, over his sister.

Joseph Jaap
Joseph Jaap
answered on Sep 19, 2022

Spouse can file for guardianship in probate court, which would terminate the sister's POA. Spouse should use the Find a Lawyer tab to retain a local probate attorney who handles guardianships.

2 Answers | Asked in Contracts and Construction Law for Ohio on
Q: In Ohio can you ask a contractor for receipts from subcontractors?

The contractor told me it is illegal to share receipts with me in Ohio. Is this true?

Joseph Jaap
Joseph Jaap
answered on Sep 19, 2022

Yes, you can ask for receipts. No, it is not illegal to share them. But it depends on what your contract with the contractor says. The contractor might still refuse to share them. If there is a dispute over payment to the contractor, then use the Find a Lawyer tab to retain a local construction... Read more »

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1 Answer | Asked in Land Use & Zoning for Ohio on
Q: If you maintain land for over 20 years can you claim that land
Joseph Jaap
Joseph Jaap
answered on Sep 19, 2022

Ohio requires 21 years to make a claim of "adverse possession."

2 Answers | Asked in Divorce for Ohio on
Q: If I purchased a home in Ohio before marriage, do I get to keep the home in a divorce?
Joseph Jaap
Joseph Jaap
answered on Sep 19, 2022

Possibly, but the home would be considered marital properly, so your spouse could be entitled to some portion of its equity in the division of marital property in a divorce. It depends on whose funds were used to pay for maintenance, insurance, etc. for the home and other factors, and all the... Read more »

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1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: In Ohio can a judge refuse to postpone a trial if one party gets a new lawyer?

In a custody battle, my friend has gotten a new lawyer. Her previous one had been caught lying to her. The judge or court has refused to postpone the case, denying the new lawyer a chance to get caught up.

Joseph Jaap
Joseph Jaap
answered on Sep 15, 2022

Yes, the judge can do that. The judge might think it is a stalling tactic, or there might have been prior delays. And the Ohio Supreme Court sets deadlines for resolving divorce cases. The new lawyer can appeal, but might have to proceed with the trial on schedule.

1 Answer | Asked in Banking, Civil Litigation, Contracts and Real Estate Law for Ohio on
Q: Is it against the law to force someone to sign the deed to their home over to them?

I applied for mortgage assistance in which I could skip some payments and have them rolled to the end of my mortgage. I was approved and skipped about 11 payments. The lender needed my wife and I to sign papers to make it official. My inlaws told my wife to not sign those papers. Despite my... Read more »

Joseph Jaap
Joseph Jaap
answered on Sep 13, 2022

The in-laws aren't forcing you to sign, they are offering a choice - you can either sign (and then rent from them or move elsewhere), or allow the foreclosure to proceed and you would be evicted by the new owner or you could try to rent from the new owner. Or the in-laws could purchase it at... Read more »

1 Answer | Asked in Divorce for Ohio on
Q: Ex refuses to communicate with me about switching her loan to me as specified in divorce decree. It’s been 3 years.

Ohio

Parent plus loan she took out.

Decree states we work together to switch it into my name in a timely manner. Options?

Joseph Jaap
Joseph Jaap
answered on Aug 15, 2022

Your divorce decree might require mediation of any disputes. But if that doesn't work, then you could file with the court asking to have her held in contempt if she does not comply. Talk to your divorce attorney or use the Find a Lawyer tab to retain a local family law attorney.

1 Answer | Asked in Family Law, Personal Injury, Juvenile Law and Social Security for Ohio on
Q: Im 17 years old (18 in nov) could I take legal action against my mom for dental neglect and keeping my survivors benefit

My mother keeps my insurance cards from me so I cannot make appointments on my own and denys me dental care appointments as a form of punishment when I have an abscess tooth and a gum disease I believe. I have asked for years to go to a dentist as I've had this abcess for years. (Around 2... Read more »

Joseph Jaap
Joseph Jaap
answered on Aug 12, 2022

Talk to a teacher, school counselor, or other trusted adult about your situation. They will be able to find the help you need.

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