We are still married but separated. I want to sell the home to my granddaughter but he said because his name is on the loan he will not move out until it is removed. Does he have the right to do this since the title is in my name.
Your husband does not have the right to remain in the home if you are the sole owner. However, if both of you are paying towards the loan, a most important question, which you did not address in your fact summary, if you force him out of the house, he will stop his payments on the loan. Unless... Read more »
It means that you have been sued and that the person suing you has asked for a trial by jury. You should contact a lawyer to represent you.
It is stated in the trust that the property passes to a named beneficiary. Does title immediately pass upon death, similar to how it would in a will?
You need to consult with a lawyer. However, if I understand you correctly, the right to receive title, but not the title, occurs as a result of the death, as it would in a Will. Title, however, does not pass until a deed is prepared, executed and recorded, as with a Will. Until a new deed is... Read more »
You need to engage a lawyer to review your deed and any documentation that forms the basis for the PPL easement.
My property has a narrow alleyway beside my house, which leads from the back of my neighbor's house to the street I live on. Their home and front door are on a street parallel to mine. Their deed states they have use of the alley; my deed does not. I didn't see their deed prior to purchasing my... Read more »
The only way that your neighbor could have gotten an easement would be by way of a deed of easement from a prior owner of your property. That likely would not be shown specifically in the deed that you got. However, if you purchased title insurance when you bought your property, it would be... Read more »
Property is deeded tenants in common with rights of survivorship
First of all, it can’t be “tenants in common with rights of survivorship.” It can be “joint tenants with rights of survivorship” or “tenants in common without rights of survivorship.”
Second, financial responsibility is determined by whoever signed the Note, not the... Read more »
We put the house in his name for tax reasons. The plan was to add my name to the deed. We broke up and now he has the house. Is there anything I can do?
I agree that you are going to have to consult a lawyer and file suit. There is case law that says that a court will order that you be repaid for your investment if your version of the facts is accepted.
Our neighbor is insisting that we are on their property line, however we have been maintaining this section of the yard (about a 4-foot section) for the past 17 years. Are we eligible for adverse possession? It was per a good faith mistake, we have actual possession of the land, we've had open and... Read more »
Adverse possession requires a minimum of twenty consecutive years. That twenty years may be accumulated between a current owner and a prior owner.
Based on your information, unless you can establish possession and control by your prior owner, you are out of luck.
Secondly, you... Read more »
The land was willed to her children who are not paying the land is still in my grandmothers name
If the land is still in your grandmother’s name, that means that it is still an asset of the estate. From your question, I cannot tell if the Will was ever probated and an estate opened. If not, this would have to happen first.
Since the land is an asset of the estate, the estate is... Read more »
cause we don't want the money we want our car fix because we can't afford a new car
Ordinarily, if an insurer wants to total a car, the only question is if you agree with the value they give you. Once they total the car, they get the certificate of title and the car is theirs. You can try to negotiate with them to take less money and keep the car. However, there likely will not... Read more »
down the wind direction usually blows the trees towards and onto his property. He takes this opportunity to threaten
and harrass me as I go about cleaning them up. These are not border trees, these are trees that grow from well within
my property. Can I drag the part that lays over... Read more »
You are obligated to remove everything. If he won’t let you enter his property, you will have to remove the trees by pulling them from your side.
Further, if the falling trees cause damage to his property, since you are already on notice, it will likely be your problem.
The party is being held at a bar but I am paying for the drinks. Professional staff in place to cut off drinkers who appear under the influence.
If a party is held at a licensed establishment and someone is served alcohol “while in a visibly intoxicated condition,” the establishment is potentially liable under Pennsylvania’s “Dram Shop” law.
It sounds like he has payment concerns.
If it is mutually agreed to, there is nothing illegal about it.
If the trust is revocable, you can do a letter to the trustee revoking the trust. If you are the trustee, it would be a letter to yourself, as trustee. The fact that you were the settlor is irrelevant.
You would then change the bank accounts and have to have deeds prepared for the... Read more »
Is there any way around it besides taking on her debt myself?
I grew up in foster care this is one of the very few good things (besides the debt) she did for me.
If the real estate is in just her name, you will have to open an estate, presumably with the help of a lawyer. If there are debts, they will have to be paid before the estate could convey the real estate to you. Additionally, there will be an inheritance tax of 4.5% on the value of the land, and... Read more »
I have done all the yard maintenance and routine maintenance on the house.
I’ve paid all real estate taxes for those years. Totaling almost $4000.00 per year.
I was the care giver for both my parents when they couldn’t do daily functions
Mom died 28 months ago and dad... Read more »
If your father did not have a Will which left the house to you, the house goes into the estate. The house would then be sold and the proceeds divided among you and the other siblings. You have no choice about that.
If you hire a lawyer, you might be able to assert a claim against the... Read more »
Car that he has insurance. After I contact his insurance and reported a claim they told the person who’s hit my car his insurance was canceled since last December. My insurance is lability and dose not cover my car. In this situation what i have to do? Was that officer fault? Also, I asked his... Read more »
Unfortunately, you are going to be stuck.
You can sue the driver who hit you, but it is probable that any lawyer who would take the case will charge you on an hourly basis, which will cost several thousand dollars. Further, if you win against the other driver, if he has no insurance, he is... Read more »
The lease was existing on ground but now up for renewal
Not unless you have a Power of Attorney that authorizes you to sign for the other person.
When my sister refinanced her condominium in Mont Clare, PA, she added her boyfriend to the title. Wording as follows (quoting the format exactly but using pseudo names for privacy): Owner Name(s): “Doe Jane & Smith John.” The mortgage company told her this wording means that the type of... Read more »
If the deed does not specify that it is to be a joint tenancy with right of survivorship, the property is owned a a tenancy in common. Under those circumstances, the boyfriend can bequeath his half interest by Will or can convey it during lifetime.
1. If the deed does not specify otherwise, yes.
2. No.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
