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 »
Contract written in the state of Ohio, land is in Kentucky now the buyer wants me to vacate the premises but the seller said I could stay with the buyer sitting right there with them verbal agreement. Who has legal authority to affect me the buyer or the seller ? thank you
1) There was no consideration for the verbal agreement. In other words, you were promised the right to stay, but you did not say if you gave anything in return, which is also known as "consideration" or...Read more »
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 »
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 »
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 »
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 »
If she forged his signature you will need to 1) report the fraud to the police and 2) file a declaratory judgment action against her to unwind the transaction. Quit claim deeds in Ohio also must be notarized, so find the notary and bring a claim against them as well for fraudulently notarizing the...Read more »
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 »
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 »
Divorced 9/07/2021 in Ohio she was awarded the house but never finished the quick deed. I never signed a quick deed.My name is on mortgage and as of now it is still on the deed. She can't refinance cause she bought a new car after the divorce. The morgage company keeps calling due to missed... Read more »
Parties to a Divorce can file a Motion under Ohio Rules of Civil Procedure 60 B to request the court to grant relief from a Divorce or Dissolution judgment or order. Motions can be filed based on mistakes; inadvertence; excusable neglect; newly discovered evidence; fraud; etc. The motion shall be...Read more »
We do sign the HOA contract, it does allow for service pets, so if I have a mastiff (way over the allowed size) (I am in Ohio btw) and I register it as a service dog or emotional support dog, can the HOA take legal action or demand that I show legal proof of my pets training and certification
The HOA can require confirmation of the status of the animal, and the HOA might be able to have the animal removed if the HOA went to court and the court determines that the size restriction is reasonable, even for a service animal.
We are going to pay it off but what rights are there to include her name on the loan so the bank will have to answer her questions and give her details. Her will states that all assets go to her once the estate is settled in October. I understand that the Garn-St. Germain act prevents them from... Read more »
It is very likely that your mother-in-law's mortgage has an acceleration clause. This makes the entire balance due upon the death of the borrower. A surviving spouse has some rights with respect to assuming the loan. But, I'm not aware of any rights that a child has. In other words, you...Read more »
The seller was very motivated to sell and everything was good in the beginning. We have the title for the trailer and the land taxes already transferred to us. Now the problem is he is moving to another state with his soon to be wife. BUT with that said he keeps pushing the move out date. At first... Read more »
You will have to file an eviction case to get him out. An eviction can take a month or more. There is no way to speed up the court process. You can also claim the cost of finding alternate living space because he failed to leave. Use the Find a Lawyer tab to retain a local attorney to review...Read more »
I have been paying for the units for over a year but they are not in my name nor did i sign any rental agreement i just took over payments. I have full access to the account. Will it hurt my credit or go to collections for me if i just stop paying for them
23 years ago I bought and built a home on a lot 80 x 125 feet with back of lot against a 55 acre Open field With an old Barb-wired fence 4ft in a tree line against the back of my lot from my property line. I have maintained and taken care of this 4 feet up to the Fenceline for the duration of that... Read more »
An easement like that is not automatic. It must be established by filing in court claiming adverse possession. Use the Find a Lawyer tab to retain a local real estate attorney to review the real estate records and all the facts of the situation, and then advise you of your options.
Instead of my fiancé and I both having our name on the title when we first starting living together, she suggested I just pay the mortgage and utilities until we reached that 50/50 split of total money invested into the house (and use my other savings for a ring).
You have a potential claim -- but you will have to try to prove in court if you and she cannot agree on a fair solution. There is no guarantee you would win in court. A court can enforce an oral contract, but you would have to prove the terms of the agreement. Two people living together do not...Read more »
The HOA is telling me I need to put Solar only on the back of my house and this becomes disadvantageous for going Solar. I am well aware of SB 61 which states that HOAs can put reasonable restriction on Solar. Yet their restrictions are making it so that there is only a detriment on going solar.... Read more »
You'll need an attorney to review the HOA declaration and actions by the board, and then advise you, but there is no way an attorney can predict the outcome of litigation if the HOA sues you for failure to comply. Use the Find a Lawyer tab to retain a local real estate attorney to review all...Read more »
I purchased my home, but the lot on which it was located is a rental. I was curious if my landlord decided to sell the lot, and I couldn’t afford to physically move my home what would I do? My landlord is getting old, and I worry if he dies or sells I will lose my home.
If you do not have a solid, long-term, written lease agreement that is signed and notarized, then a new owner could ask you to leave when your lease expires. A lease that could last more than 3 years must have the signatures of landlord and tenant notarized, or else it could be terminated. Use...Read more »
Buyer terminated contract said appraisal didn't meet. They were ask to provide appraisal and said their Atty. said they were not obligated to do so. They are asking for earnest money back. What damages can I sue for and can I keep house pending on MLS and for how long?
If there is a dispute about earnest money, then it must be held until buyer and seller reach agreement, or a court says what to do with it. If nothing happens in 2 years, then the earnest money is returned to the buyer. In a lawsuit for breach of contract, seller's damages could be the...Read more »
The siding has been repaired in the 5.5 years I have lived here, when it should have been replaced. The patching and hammering for repairs is what cause the drip edge to fail, thereby causing the damage. HOA states that they will replace siding, but I have to pay for the studs, even though it is... Read more »
It depends on how the Condominium Declaration defines your "unit." If it is from the interior surface of the walls, then the studs would be part of the condominium common area and the responsibility of the condo association to make repairs. Contact your insurance agent and then use the...Read more »
A power outage occurred. The power company was repairing a transformer. A semi went by, had to get over as far as possible to get by the power company vehicle and in the process it ripped a line/pole/box/meter down onto my car. The power company employees said it occurred because the pole was too... Read more »
Generally, a truck driver is responsible to make sure he/she only travels through proper clearances. Accordingly, there is a legitimate argument that he/she was negligent. The owner of the property may also be negligent in maintaining a nuisance on their property and infringing upon the public...Read more »
It is legally possible for a seller to grant an easement while still owning the property before the closing, although many purchase contracts say seller can't do that. But if seller does it anyway, the easement is still valid, but seller's action would be a breach giving the buyer a...Read more »
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