Questions Answered by Mark R Petersen

Q: I have a property in idaho that I bought 16 years ago. Prior it was owned by another family for at least 40 years.

1 Answer | Asked in Real Estate Law for Idaho on
Answered on Jul 30, 2018
Mark R Petersen's answer
Idaho law recognizes fences that have been the boundary of adjoining properties for a long period of time as the property line. To establish fence line and property ownership there must be a (1) disputed boundary, (2) uncertainty or ignorance of the true boundary line, (3) and an agreement establishing a boundary that is recognized between the parties.

Payment of property taxes is not required.

The property line agreement may be established by direct evidence, or it can be...

Q: Should I obtain a lawyer in Ca. or Idaho ?

1 Answer | Asked in Criminal Law for Idaho on
Answered on Jul 30, 2018
Mark R Petersen's answer
If the Trust's location is Idaho and the funds were embezzled in Idaho, then it is likely you can pursue the case in Idaho. Idaho's "long arm statute" (the law that allows you to serve a non-resident) would determine if he can be served in California.

Determination of jurisdiction and the ability to serve an out of state resident with a Summons can be tricky. As a result, I would highly suggest you meet with an attorney and review the facts to make a final determination if jurisdiction...

Q: My ex has our house from the divorce in April 2018. My name is still on the mortgage. He has started remodeling.

1 Answer | Asked in Divorce for Idaho on
Answered on Jul 30, 2018
Mark R Petersen's answer
It will depend on the language in your decree of divorce. If the decree of divorce gives the property to him outright then he would have the right to remodel the home because it is now his property. If he is required to refinance the home and clear your name off the property, he probably should wait to remodel until after completing the refinance. However, if the decree has not specific language that prohibits his use of the home, then he most likely does not need your consent to remodel.

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