Questions Answered by Thomas. R. Morris
Q: Do we HAVE to payback a gift with no documentation?
2 Answers
| Asked
in
Family Law, Real Estate Law and Tax Law
for
Michigan
on
Answered on Apr 3, 2019
Answered on Apr 3, 2019
Thomas. R. Morris' answer
If this was a gift, you do not have to repay it. If it was agreed to be a loan, she is entitled to seek repayment. But, even if it is a loan, it is not secured by a mortgage on the house and although she has remedies available, those remedies do not include "pulling" your house. If you applied for a mortgage to finance the house, was there a 'gift letter' provided to the lender?
After writing this I see that Mr. Blackburn gave the same answer. I agree with his answer.
If this was a gift, you do not have to repay it. If it was agreed to be a loan, she is entitled to seek repayment. But, even if it is a loan, it is not secured by a mortgage on the house and although she has remedies available, those remedies do not include "pulling" your house. If you applied for a mortgage to finance the house, was there a 'gift letter' provided to the lender?
After writing this I see that Mr. Blackburn gave the same answer. I agree with his answer.
Q: Being evicted from land contract home. Can I remove improvements I made like cabinets, stairs, flooring, water htr etc?
Thomas. R. Morris' answer
Short answer: No. A different answer is possible if the land contract gives you that right, but I doubt it.
Short answer: No. A different answer is possible if the land contract gives you that right, but I doubt it.
Q: The apartment i live in has a management corp. running the complex. Can i sue both owner & mgmt or just mgmt?
Thomas. R. Morris' answer
You have not provided enough facts for me to be able to determine whether you have a basis to sue anyone. However, if you claim that the lease was breached by the landlord, your claim would be against the landlord, whom your refer to as "owner LLC", and not against any of the landlord's agents, such as the "management corp."
You have not provided enough facts for me to be able to determine whether you have a basis to sue anyone. However, if you claim that the lease was breached by the landlord, your claim would be against the landlord, whom your refer to as "owner LLC", and not against any of the landlord's agents, such as the "management corp."
Q: How do I get back an engament ring I thing it has been pond
Thomas. R. Morris' answer
If you gave an engagement ring to your fiancée and she pawned it, that would be an anticipatory repudiation of the contract for marriage. Under Michigan law, the gift of an engagement ring is a conditional gift, so if you find it in a pawn shop, you can claim to be the owner. In other words, I agree with the other attorney’s answer.
If you gave an engagement ring to your fiancée and she pawned it, that would be an anticipatory repudiation of the contract for marriage. Under Michigan law, the gift of an engagement ring is a conditional gift, so if you find it in a pawn shop, you can claim to be the owner. In other words, I agree with the other attorney’s answer.
Q: Does my ex-wife have the right to list for sale our jointly held real estate property without my involvement?
Thomas. R. Morris' answer
If you cannot find evidence that the property is being marketed for sale, then the marketing is not effective.
If you are still a co-owner of the property, her entry into a listing agreement won't be effective. You would not be obligated to sell the property were a buyer to be found. However, the court might order you to participate in a sale.
You should consult with the attorney who represented you in the divorce, or hire an attorney who can take into consideration the...
If you cannot find evidence that the property is being marketed for sale, then the marketing is not effective.
If you are still a co-owner of the property, her entry into a listing agreement won't be effective. You would not be obligated to sell the property were a buyer to be found. However, the court might order you to participate in a sale.
You should consult with the attorney who represented you in the divorce, or hire an attorney who can take into consideration the...
Q: what do I need to do to sell a home jointly owned by me and my incapacitated mother?
Thomas. R. Morris' answer
You will need to have a conservator appointed by the probate court. The conservator could potentially be you.
You will need to have a conservator appointed by the probate court. The conservator could potentially be you.
Q: My parents filed chapter 13 bankruptcy. Sold me their house for less than it's worth. Trustee wants to sue me for equity
Thomas. R. Morris' answer
You need to discuss this confidentially with an attorney, not on a public forum like this where the trustee can see your questions (and answers) and use them against you.
You need to discuss this confidentially with an attorney, not on a public forum like this where the trustee can see your questions (and answers) and use them against you.
Q: My fiance and I bought a house. He is on the mortgage , both on deed. Can he remove me from the deed without consent?
Thomas. R. Morris' answer
Not easily. A judicial procedure, such as partition, could “remove” you from the deed. And if ownership is joint, your death would vest title in the survivor. But a co-owner cannot simply “remove” you from ownership.
Not easily. A judicial procedure, such as partition, could “remove” you from the deed. And if ownership is joint, your death would vest title in the survivor. But a co-owner cannot simply “remove” you from ownership.
Q: Can an old owner continue to ask questions and request documentation on certain transacafter the sale of the business
Thomas. R. Morris' answer
The former owner can always ask, but the buyer may not have a contractual obligation to respond to the questions, so it may be difficult to use the law to require the buyer to respond.
The former owner can always ask, but the buyer may not have a contractual obligation to respond to the questions, so it may be difficult to use the law to require the buyer to respond.
Q: Is it mandatory in the State of Michigan that the seller have Title Insurance included in the closing costs?
Thomas. R. Morris' answer
Title insurance is not a legal requirement, like liability insurance for the operator of an automobile. It is customarily charged to the seller because it is the seller that may be providing to the buyer a warranty of title.
Title insurance is not a legal requirement, like liability insurance for the operator of an automobile. It is customarily charged to the seller because it is the seller that may be providing to the buyer a warranty of title.
Q: We bought our home and paid to have it set up on someone's else property. The man has passed and family trying to evict
Thomas. R. Morris' answer
You may owe the rent, but the fact that they did not try to collect it for four years may give you an argument in court that you should not be immediately evicted. Is there a written lease? Consult with an attorney and provide him or her with the lease. There is not a simple answer to your question (and you did not ask a question).
You may owe the rent, but the fact that they did not try to collect it for four years may give you an argument in court that you should not be immediately evicted. Is there a written lease? Consult with an attorney and provide him or her with the lease. There is not a simple answer to your question (and you did not ask a question).
Q: Can I get someone to collect on a loan if it was just a verbal agreement?
Thomas. R. Morris' answer
A loan generally does not need to be in writing to be enforceable under Michigan law.
A loan generally does not need to be in writing to be enforceable under Michigan law.
Q: Want property conveyed as "husband and wife or the survivor", is this not possible in Michigan
Thomas. R. Morris' answer
This is possible, but don't try to come up with the language on your own. An attorney could advise you as to the proper language to use. Have an attorney advise you as to the entire transaction if you are not certain how exactly to do it.
This is possible, but don't try to come up with the language on your own. An attorney could advise you as to the proper language to use. Have an attorney advise you as to the entire transaction if you are not certain how exactly to do it.
Q: What right to land contract owner have when the buyer dies unexpectly?
Thomas. R. Morris' answer
The administrator of the estate of the buyer, or his proper heir, would presumably have the right to take over the purchaser's interest in the land contract. (Is there anything in the land contract that prohibits assignment of the purchaser's interest?) Rather than to try to write a law-school-exam essay on the issues, were you my client I would ask you what you want to achieve. Do you want to try to defeat the interest of the successor(s) to the land-contract purchaser, or are you OK with...
The administrator of the estate of the buyer, or his proper heir, would presumably have the right to take over the purchaser's interest in the land contract. (Is there anything in the land contract that prohibits assignment of the purchaser's interest?) Rather than to try to write a law-school-exam essay on the issues, were you my client I would ask you what you want to achieve. Do you want to try to defeat the interest of the successor(s) to the land-contract purchaser, or are you OK with...
Q: A joint bank account associated with my SSN has been frozen due to an attempt to collect a debt. All of the monies in
Thomas. R. Morris' answer
Michigan law permits you (or the owner of the funds) to establish ownership. See Danielson v. Lazoski, 209 Mich App 623 (1995). Someone needs to act quickly to object to the garnishment or otherwise assert rights as to the funds. You should consult with an attorney.
Michigan law permits you (or the owner of the funds) to establish ownership. See Danielson v. Lazoski, 209 Mich App 623 (1995). Someone needs to act quickly to object to the garnishment or otherwise assert rights as to the funds. You should consult with an attorney.
Q: I was court martialed. My case went to the appeals court. I won. How do I find the decision from the appeal courts.
Thomas. R. Morris' answer
This is a question of military law. The United States military has its own system of law. Here is a link that provides a summary of the appellate process with respect to military-law appeals:
http://www.usmilitarylawyer.com/military-appelate-court-review.asp
How to find the "decision from the appeal courts" depends upon which court the appeal was in.
This is a question of military law. The United States military has its own system of law. Here is a link that provides a summary of the appellate process with respect to military-law appeals:
http://www.usmilitarylawyer.com/military-appelate-court-review.asp
How to find the "decision from the appeal courts" depends upon which court the appeal was in.
Q: Is there a "best" time of year to file for bankruptcy?
Thomas. R. Morris' answer
Good question. The answer may have to do with tax refunds. If you regularly receive refunds, the best day to file may be just after you have spent your refunds. There are a lot of competing considerations, but that's my candidate for a seasonal factor.
Good question. The answer may have to do with tax refunds. If you regularly receive refunds, the best day to file may be just after you have spent your refunds. There are a lot of competing considerations, but that's my candidate for a seasonal factor.
Q: Must I disclose prior bankruptcies to my partner before we get married?
Thomas. R. Morris' answer
There's no legal requirement. This is an ethical or relationship question.
There's no legal requirement. This is an ethical or relationship question.
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