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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
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.
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.
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
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
Ohio
Parent plus loan she took out.
Decree states we work together to switch it into my name in a timely manner. Options?
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.
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
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.
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
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
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.
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
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
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
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:... View 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... View More
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
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.
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
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
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
He is in Ohio and she is in West Virginia the baby was born in Ohio
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
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.
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
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
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.
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
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
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
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
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.
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
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
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
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?
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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