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Connecticut Real Estate Law Questions & Answers
2 Answers | Asked in Real Estate Law for Connecticut on
Q: My father left land to my brother and I and we've had it listed at a price that was too high to sell for nearly 2 years.

We need to relist it. My brother says that financially he doesn't need to sell it and wants to list it for a price that is $60,000 higher than the price it was already listed at. A new, potential listing agent has indicated it would be unlikely to sell it at such an exorbitant price and... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Mar 24, 2020

You may be able to file a partition action to get the court to order the sale of the property and distribution of the proceeds.

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1 Answer | Asked in Probate and Real Estate Law for Connecticut on
Q: Who pays on the estate during Probate? Mortgage and insurance? The heirs? I live in the probate estate

I live in my fathers house. He moved to NC. I've been here 5 years+. He was paying the mortgage and insurance until he passed. Now, because I live here is it fully my responsibility to pay these funds during probate? There are 4 heirs.

Nina Whitehurst
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answered on Mar 9, 2020

The answer depends on who is going to inherit the house. It is they who need to pay the carrying costs. If they don’t pay those expenses out of pocket the estate can advance them if the estate has the liquidity to do so, but eventually they get charged to whoever inherits the house.

1 Answer | Asked in Real Estate Law and Tax Law for Connecticut on
Q: In Conn., are there taxes that have to be paid upon inheritance of Real Estate?

My husband is concerned about a tax he says he will have to pay upon his parents death in order to inherit the real estate they are leaving him in their will. I live in North Carolina but have not had any experience with the inheritance of Real Estate and so have no idea what he is referring to and... View More

Linda Simmons Campbell
Linda Simmons Campbell
answered on Mar 2, 2020

If the estate is worth more than 2.6 million dollars then he will need to pay estate taxes.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Connecticut on
Q: can i quiet a title if i was awarded the property in a divorce but my ex wife quit claimed it to a third party?

i was awarded our marital property in a divorce but my ex wife quit claimed it to a third party. who thinks and feels they own the property but we both have a recorded deed? how can i quiet their title? or what course of action do i take

Linda Ann Subbloie
Linda Ann Subbloie
answered on Dec 3, 2019

I would need more information to provide a good answer, for instance, when did your ex wife quit claim the property to the third party and under what circumstances. Furthermore, I am assuming you did not sign the quit claim deed to the third party. If not, then your wife may have only quit claimed... View More

1 Answer | Asked in Real Estate Law for Connecticut on
Q: Should we pursuit abandonment or Summary Process if utilities are turned off and Section 8 is not paying as of 09/30/19?

Original Section 8 tenant died and son moved in to take care of kids. He was supposed to sign up with Sect 8 did not complete process. He moved and took kids with him a couple months now. No notice to owner. No response to Sect 8 letters. Electric and gas are off. Sect 8 made last payment for... View More

Max Lavit Rosenberg
Max Lavit Rosenberg
answered on Oct 30, 2019

If the owner/ or last tenant has vacated and taken all of their things and given notice of their leaving, you should be ok to move forward with renting the unit. However, you would be well advised to contact a landlord/ tenant attorney for further elucidation and information. Please feel free to... View More

1 Answer | Asked in Real Estate Law for Connecticut on
Q: Would 15 year period restart if ownership changes?

My neighbor has been using a portion of my land (mowing, gardening, etc.) for well over 15 years. They never claimed adverse possession. I never attempted to stop them using the land, because we are good neigbors. They are selling their house and mowing away. Will the 15 year period start all over... View More

Christopher H. McCormick
Christopher H. McCormick
answered on Sep 24, 2019

From your description it does not sound like your neighbor's use of the property was open, hostile and notorious as required by CT statute and you gave permission to your neighbor to use the land as they did. Also doe not sound like they would support a new owner's claim that this... View More

2 Answers | Asked in Real Estate Law and Tax Law for Connecticut on
Q: I was wondering how a federal lien in ct for his unpaid corporation employee taxes is filed on a marital property .

I never have been involved in business , not aware employee taxes not being paid, nor this would make him liable( us liable)

D. Mathew Blackburn
D. Mathew Blackburn
answered on Sep 20, 2019

Employment taxes are the personal responsibility of any responsible party.

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1 Answer | Asked in Real Estate Law, Family Law and Probate for Connecticut on
Q: My husband bought our house in his name prior to us getting married. Would I have rights to it as wife if he dies?

My husband bought our house in his name prior to us getting married. We have not added my name because we want to use my name to qualify for fha loan. Will keep home so investment property shen we eventually buy new home. As the wife, even without my name on the property, do I have rights to it in... View More

Nicole M. Camporeale
Nicole M. Camporeale
answered on Aug 29, 2019

That is a common question. If your husband died, the house would pass through his estate. If he has a will that says you get all of his assets, you would get the house after the Probate process is complete. If he does not have a will, the house and all other assets will pass to his heirs at law.... View More

1 Answer | Asked in Real Estate Law for Connecticut on
Q: Is an executors deed necessary in CT or is affidavit pursuant to CGS 49-12 A enough?

Property passed via will to the decedents children. An affidavit regarding real estate was recorded pursuant to CGS 49-12A, but there is no executors deed. Is an actual deed necessary, or is the affidavit enough?

Nicole M. Camporeale
Nicole M. Camporeale
answered on Aug 29, 2019

In order to transfer real estate from one person to another, a deed is always required. When transferring property out of a testate estate, an executor's deed is used to transfer the property to the beneficiaries, and is recorded on the land records. Additional Probate documents are also... View More

1 Answer | Asked in Real Estate Law for Connecticut on
Q: Can I bring a 'quiet title petition' to a Ct. court similar to small claims court? Is there a form?

Is this best left to a lawyer?

Max Lavit Rosenberg
Max Lavit Rosenberg
answered on Aug 8, 2019

This is definitely best left to a lawyer. It is not the most complex aspect of litigation that you might attempt to tackle, but if you want this done properly, do not represent yourself. There are plenty of firms, including my own, that have experience and interest in pursuing this type of... View More

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Connecticut on
Q: I'm a holdover tenant in an apt in CT. My landlord proposed a lease addendum. If I sign it, will I still be a holdover?

The original one-year lease ended in 2012. I would like to keep my month-to-month tenancy. The proposed addendum does not include any language about timing/terms.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 30, 2019

In most states a "holdover tenant" is called a "tenant at sufferance"--which means you can be evicted at anytime--even without notice. However, if you are still paying your rent on a month=to-month basis, the law would probably allow you stay for at least 30 days from the date... View More

1 Answer | Asked in Real Estate Law for Connecticut on
Q: In CT, how do you remove a lien that was filed more than 4 months after the court judgement?

The lien was filed more than 3 years after the judgement.

Nicole M. Camporeale
Nicole M. Camporeale
answered on May 6, 2019

Pay off the judgment lien either directly or sell the property and pay the lien upon the sale. Then you will get a release of lien to record on the land records. That's how they get released.

1 Answer | Asked in Real Estate Law for Connecticut on
Q: Is a real estate lien (in Connecticut) valid if it was filed 3 years after the court judgement?
Nicole M. Camporeale
Nicole M. Camporeale
answered on May 6, 2019

There is no limitation on the amount of time it takes to place a judgment lien on property. Judgment liens are valid for 20 years.

1 Answer | Asked in Real Estate Law for Connecticut on
Q: Is it absolutely necessary to have a lawyer for the seller for a house closing?

House is owned (No Mortgage) and selling to Son.

Nicole M. Camporeale
Nicole M. Camporeale
answered on May 6, 2019

There are many reasons why having an attorney is an essential part of a real estate transaction. Mainly, the deed that transfers the house to your son is a legal document that needs to conform with statutory requirements and be notarized/signed by an attorney, to be legally valid. The attorney will... View More

1 Answer | Asked in Contracts, Real Estate Law and Civil Litigation for Connecticut on
Q: I wasnt allowed to submit a police report as evidence in a civil case. Judge said it wasnt "certified". What is?

I couldn't afford an attorney, I filed a civil case pro se. The police report was the "smoking gun" and had the facts. The judge would not allow it as evidence because it was not "certified". I contacted that police department, they are unaware of what a "certified... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 3, 2019

Welcome to the world of civil litigation, where having a skilled trial lawyer often makes the difference between losing and winning. Teaching point: Regardless of what the official document is, "the smoking gun" notwithstanding, most courts will not allow introduction of any document... View More

1 Answer | Asked in Real Estate Law for Connecticut on
Q: If a foreclosure does not show on the credit reports must/should it be included on a mortgage application?

A little over 2 years ago my wife & I filed bankruptcy (chapter 7) following a foreclosure. After 2 years of credit rebuilding we are now thinking of buying a town home. We now live in Ct, the foreclosure was in Fl.

Max Lavit Rosenberg
Max Lavit Rosenberg
answered on Feb 4, 2019

You would be well advised to answer all questions honestly to avoid fraud.

1 Answer | Asked in Real Estate Law for Connecticut on
Q: If a foreclosure does not show on the credit reports must it be disclosed when applying for a mortgage?
Max Lavit Rosenberg
Max Lavit Rosenberg
answered on Feb 4, 2019

You must absolutely fill out your application honestly. If you do not, you may be liable for fraud.

1 Answer | Asked in Real Estate Law and Family Law for Connecticut on
Q: I a year ago me my ex and my grandmother we bought a home and we brokeup so i would like to know how can i take him out

Of the deed and the mortgage because im having problems that he does not want to cooperate

Nicole M. Camporeale
Nicole M. Camporeale
answered on Jan 15, 2019

There is no way to remove a joint owner from real property without them agreeing and signing a deed to transfer it to you/your grandmother. If he will not cooperate, my advice is to consult a family law attorney to see if they can advise how it might be possible to force a division of the property... View More

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