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Questions Answered by Joseph Jaap
2 Answers | Asked in Divorce for Ohio on
Q: If I purchased a home in Ohio before marriage, do I get to keep the home in a divorce?
Joseph Jaap
Joseph Jaap
answered on Sep 19, 2022

Possibly, but the home would be considered marital properly, so your spouse could be entitled to some portion of its equity in the division of marital property in a divorce. It depends on whose funds were used to pay for maintenance, insurance, etc. for the home and other factors, and all the... View More

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1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: In Ohio can a judge refuse to postpone a trial if one party gets a new lawyer?

In a custody battle, my friend has gotten a new lawyer. Her previous one had been caught lying to her. The judge or court has refused to postpone the case, denying the new lawyer a chance to get caught up.

Joseph Jaap
Joseph Jaap
answered on Sep 15, 2022

Yes, the judge can do that. The judge might think it is a stalling tactic, or there might have been prior delays. And the Ohio Supreme Court sets deadlines for resolving divorce cases. The new lawyer can appeal, but might have to proceed with the trial on schedule.

1 Answer | Asked in Banking, Civil Litigation, Contracts and Real Estate Law for Ohio on
Q: Is it against the law to force someone to sign the deed to their home over to them?

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... View More

Joseph Jaap
Joseph Jaap
answered on Sep 13, 2022

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... View More

1 Answer | Asked in Divorce for Ohio on
Q: Ex refuses to communicate with me about switching her loan to me as specified in divorce decree. It’s been 3 years.

Ohio

Parent plus loan she took out.

Decree states we work together to switch it into my name in a timely manner. Options?

Joseph Jaap
Joseph Jaap
answered on Aug 15, 2022

Your divorce decree might require mediation of any disputes. But if that doesn't work, then you could file with the court asking to have her held in contempt if she does not comply. Talk to your divorce attorney or use the Find a Lawyer tab to retain a local family law attorney.

1 Answer | Asked in Family Law, Personal Injury, Juvenile Law and Social Security for Ohio on
Q: Im 17 years old (18 in nov) could I take legal action against my mom for dental neglect and keeping my survivors benefit

My mother keeps my insurance cards from me so I cannot make appointments on my own and denys me dental care appointments as a form of punishment when I have an abscess tooth and a gum disease I believe. I have asked for years to go to a dentist as I've had this abcess for years. (Around 2... View More

Joseph Jaap
Joseph Jaap
answered on Aug 12, 2022

Talk to a teacher, school counselor, or other trusted adult about your situation. They will be able to find the help you need.

1 Answer | Asked in Child Custody for Ohio on
Q: i would like to know my rights as a single mother in ohio and what good advice to win custody
Joseph Jaap
Joseph Jaap
answered on Aug 11, 2022

If the parents are not married, then custody issues are resolved in Juvenile Court. Custody determinations depend on all the specific facts, such as parent' work schedules, housing, finances, etc., and the judge must determine what will be in the best interest of the child in deciding between... View More

1 Answer | Asked in Animal / Dog Law, Contracts and Real Estate Law for Ohio on
Q: If I am moving into a condo with a service dog larger than the HOA allows, is it legal for them to demand proof of pet?

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

Joseph Jaap
Joseph Jaap
answered on Aug 11, 2022

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.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Can I claim adverse possession of a home that I’ve lived in with my mother for 25 years. She’s paid rent, not me.

It occurred to me that I’ve never been included on a lease of any sort for this house, and my mother has paid enough rent to the owner to have paid for the house twice over. Recently he’s casually mentioned that he’s thinking about selling the house & honestly I’m infuriated that he... View More

Joseph Jaap
Joseph Jaap
answered on Aug 8, 2022

A tenant under a lease cannot claim adverse possession in those circumstances, because the occupancy under a lease is not "adverse" to landlord, but with landlord's permission. The landlord has no obligation to offer the tenant an opportunity to buy the property, unless there is a... View More

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: its been five weeks since I left prior rental and landlord just now sending bill for false damages. What can I do ?

I lived at said property for 5 years, when i moved in the property was not cleaned nor was carpet and paint renewed. Garage had damages as well as front porch. Landlord never addressed issues. Upon leaving property after 60 day notice, 5 weeks after vacated property landlord brought a hand written... View More

Joseph Jaap
Joseph Jaap
answered on Aug 5, 2022

Under Ohio law, landlord has 30 days to return the security deposit and itemize any deductions. If tenant provided landlord with a forwarding address, then tenant can sue landlord for 2x the security deposit plus attorney fees.

See this link:...
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1 Answer | Asked in Real Estate Law for Ohio on
Q: We had just purchased a trailer. But seller won't leave. What can I do.

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... View More

Joseph Jaap
Joseph Jaap
answered on Aug 4, 2022

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... View More

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: I have a guest who I thought was a friend living in my house occupying one of three bedrooms. Tenant is not paying rent

but loosely provides in kind exchange in terms of buying food, doing some housework. There was no initial tenant agreement.I want him gone in 30 days. Is 30 termination of tenancy sufficient? This is in Ohio.

Joseph Jaap
Joseph Jaap
answered on Aug 4, 2022

An occupancy without a written lease is considered month to month tenancy, which can be terminated at the end of any "rental period" by giving at least 30 days' written notice. A rental period is usually a calendar month, when rent is due on the 1st of each month. So a proper... View More

1 Answer | Asked in Divorce, Family Law and Small Claims for Ohio on
Q: My ex and i have a suv together. He took it from me while i was at work. Can I take it back in the same manner?

4 years ago we bought the suv together. 2 years ago I found him cheating, and kicked him out. He kept the car we paid off, and I drove (and paid for) that one. The other night I was at work, and he came and took the car. He sent me a text message saying he had it and to not report it stolen. He... View More

Joseph Jaap
Joseph Jaap
answered on Aug 1, 2022

It depends on if he is an ex-boyfriend or an ex-spouse. If he is an ex-spouse, then the divorce decree and property separation agreement determine who gets the vehicle. But an unmarried couple does not have the same legal process for dividing a vehicle as in a divorce when they split up. If he... View More

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: My friend needs to file for Paternity my question is the mother moved to a different state what state does he file in

He is in Ohio and she is in West Virginia the baby was born in Ohio

Joseph Jaap
Joseph Jaap
answered on Aug 1, 2022

If he establishes paternity, he will be paying child support until the child is 18, totaling tens of thousands of dollars. If the child will be staying in a different state, he will have little contact. He should use the Find a Lawyer tab to talk to an OH family law attorney first, but he might... View More

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: My married was ended via dissolution. Agreed for wife to have the house. Now it's being sold. Do I get any of that mone?

I was under the impression that she was only living in the house while I moved out. It wouldn't make any sense for me to just give her the house and not get any return on the money I invested into it. Cuyahoga County. Ohio.

Joseph Jaap
Joseph Jaap
answered on Jul 30, 2022

You might not be entitled to any payment. It depends on what terms were specified in your property separation agreement that was part of the dissolution, and if any equity or proceeds of sale were to be shared. Talk to the attorney who handled your dissolution. If you didn't have an... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Ohio on
Q: 23 years ago.Rear of lot against 55 acres farm land with fence 4ft from mine. Maintained land 4ft.Prescriptive easement

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... View More

Joseph Jaap
Joseph Jaap
answered on Jul 29, 2022

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.

1 Answer | Asked in Real Estate Law for Ohio on
Q: Do I have any claim of ownership in a house I've paid 50% of all the total housing expenses of, but my name isn't on?

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).

Fast forward two years... View More

Joseph Jaap
Joseph Jaap
answered on Jul 27, 2022

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... View More

1 Answer | Asked in Real Estate Law for Ohio on
Q: Can an HOA force me to put Solar panels on the back of my roof

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.... View More

Joseph Jaap
Joseph Jaap
answered on Jul 26, 2022

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... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Ohio on
Q: I own my home, but rent the lot on which it is located. If my landlord decided to sell the lot, what are my options?

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.

Joseph Jaap
Joseph Jaap
answered on Jul 25, 2022

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... View More

1 Answer | Asked in Family Law for Ohio on
Q: I have Legal Custody of my Daughter , Do I need to get Power of Attorney over her as Well.

As My Daughters Legal Guardian which was decided by a Magistrate in Ohio said that Legal Guardianship super seeds Power Of Attorney. But theirs places of business that I go for my Daughter won't except the Guardianship Document. They say I need To have something stating that I'm her Power... View More

Joseph Jaap
Joseph Jaap
answered on Jul 22, 2022

The businesses are incorrect, but not much you can do to convince them otherwise if they insist on a POA. As guardian, you would be the person to sign the POA appointing yourself. That might work, or the businesses might also refuse to honor that POA if you signed it. Talk to the attorney who... View More

1 Answer | Asked in Real Estate Law for Ohio on
Q: what damages can seller of home sue for if buyer breaches contract? Can seller keep home as pending on MLS?

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?

Joseph Jaap
Joseph Jaap
answered on Jul 21, 2022

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... View More

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