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answered on Nov 13, 2023
This is a complicated legal question. Depending on how the deed is written, the property could already belong to someone else. For example, it is a joint tenancy with the right of survivorship. You most likely need to talk to either a real estate or estate attorney. If the property passed into the... View More 
The buy-out amount was calculated as (Home Value - Mortgage) / 2. She now claims because I didn't put any physical money down as you would in a downpayment, that she keeps all the equity in the property when we sell. My name is on title as joint tenant and partition action has been filed,... View More
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answered on Nov 8, 2023
A better question is are you are the title? If so, then her equity argument might be out the window. In short, you need to talk to an attorney to determine if you have a property interest, what that might be, and so on. This could be a potential partition case, breach of contract case, unjust... View More
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answered on Nov 13, 2023
It should also be noted that different statutes of limitations will apply to different types of claims. IE, a personal injury case will be treated differently than a breach of contract case. Further, fraud can be a factor in when the SOL starts to run.
This issue confuses a lot of... View More
My dad is extremely LDS and does not give my autistic sibling freedom to explore their gender or sexuality. I'm worried about how this affects their mental health. I live in Colorado and he lives with my siblings in Idaho. My sibling has expressed before that they want to live with me. Do I... View More
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answered on Nov 6, 2023
While I do not know the laws in ID, I would think that if your sister is a minor and has not otherwise been legally emancipated, then your father remains her legal guardian and can make decisions on her behalf including where she lives.
That being said, if there is clear physical or mental... View More
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answered on Nov 6, 2023
The short answer is yes. Depending on your specific facts, it is possible. For example, if a person was not properly served and not provided an opportunity to be heard, that person in theory, could ask the court to set aside the judgment. Why? Because we have the right to due process in this... View More
If you own a home on your own and then sign a quitclaim deed to a new partnership as joint tenants, can you reverse the quitclaim deed and claim full ownership again?
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answered on Oct 30, 2023
It depends on the situation. If there were no fraud, coercion, or contract then you would most likely need the new owner to sign the property back to you. That attorney needs to identify why you transferred the property. If you did so voluntarily then you may be out of luck. But again, walk... View More
The other 'half' owner of the property is in the hospital; his daughter has POA. She says I have no right to enter the residence until he passes away. Is this correct, or what are my legal rights?
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answered on Oct 9, 2023
Typically, Joint Owners classified as tenants in common have a joint right to use the property unless there has been some sort of other side agreement, lease, or other. If the owner in the hospital has established that as their residence it may be a grey area.
Depending on what you own,... View More
Looking for a Colorado Statute. Just to avoid any confusion.
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answered on Sep 28, 2023
Is it possible that you have the wrong statute number? In Westlaw and Lexis, you should be able to pull up Colorado Revised Statutes, and pull Title 13 Article 21 to determine if that specific statute exists. Pay specific attention to the numbers. Colorado, reserves spaces so it is possible to jump... View More
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answered on Sep 28, 2023
Colorado did recently pass a law regarding a landlord's responsibility to provide a tenant with a receipt for cash payments. There are exceptions, but it is generally good practice to give your tenant a receipt. That being said, the damages resulting from such a failure would be difficult to prove.
Electrical issues just to begin with. Seller did not disclose any of this to us. Inspection was done but inspector did not bring this to our attention. What kind of lawyer am I looking for, for this type of matter and would i use the same lawyer against both the seller and inspector?
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answered on Sep 28, 2023
I agree that you need a real estate attorney familiar with litigation work. In short, you have a potential breach of contract, fraud, and failure to disclose type issue. As to the prior homeowner, knowledge is normally key to those issues. IE, did they know? The home inspector’s lapse is a more... View More
Logic would dictate that the longer you've occupied the same space the longer you'd need to move.
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answered on Sep 22, 2023
The type of tenancy you have is often governed by your lease/ contract. In many contracts, there is a provision in the terms section that will change a fixed year to a month-to-month or other. It all depends on the wording. Further, a month-to-month can be established for hold-over tenants in... View More
Furniture might be worth 10,000 max but seller wants 35000 in separate transactions from house perchase of 600000 we really want the house so we are forced into this furniture deal . Do we just go along with it and over pay for the furniture and keep the sellers happy it’s like they are hiding... View More
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answered on Sep 22, 2023
Sorry, it is the seller's responsibility to deal with their taxes. It only becomes a problem for you when you both start colluding not to pay taxes.
The seller has the right to sell his property for as much as they want. We live in a free market so if a buyer will pay it then why not?... View More
My mother's name is on the title and mortgage for the condo I am living in while I pay all the fees. I am set up as a renter with no profits. I am now in a position to take ownership of the property and remaining mortgage. Adding my name to the existing mortgage is not an option. She... View More
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answered on Sep 15, 2023
Unfortunately, this is not an easy situation. If you want to avoid fees, you should probably talk to a tax attorney. I do not think you can avoid all taxes. You may be able to defer taxes or maybe defer then fall into an exception, but Uncle Sam always gets his cut in the end. Your mother could... View More
Studio is stating that prepaid money cannot be refunded only applied to lessons. Is there legal standing to demand a refund?
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answered on Sep 15, 2023
I agree that it all depends on the contract. In addition, it depends on how those funds are classified which again will be affected by the contract. Did you buy vouchers, is it a prepayment for services, or other?
Depending on the school, you may also consider talking to the other parents... View More
Law enforcement nor myself was contacted
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answered on Sep 15, 2023
There is not enough info here to know anything. How was the school involved, was a teacher involved, did this occur on campus, was it a fight or just a battery, and so on? Liability depends on the underlying facts.
If your kid was seriously injured, you need to talk to an attorney that can... View More
The person I rent from has a history of retaining a cleaning fee from renters, in particular for "professional carpet cleaning", however it has been observed that the carpets were not actually cleaned after that tenant moved out, and the next tenant moved in. For other others who have... View More
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answered on Sep 11, 2023
Not necessarily. In most circumstances, a detailed statement explaining why your deposit was withheld would suffice. If you choose to sue, then the receipt would most likely be discoverable. But, it all depends on were you are in the process and the initial contract. That being said, their have... View More
PN due date expired and then the 2 parties had an email exchange agreeing to new terms. Is the email valid as an amendment to the PN without signatures of the 2 parties?
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answered on Sep 11, 2023
It depends. The statute of frauds may come into play but generally, a contract can be amended by mutual agreement. To have a mutual agreement you have to meet requirements of a contract but this can often be done in a email.
The statue of frauds requires signatures in certain situations... View More
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answered on Sep 11, 2023
While I am not aware of any penalties, there are benefits to keeping a separate bank account for security deposits. For one, if you are sued, bank records are open to discovery. As such, if you put the deposit in a separate account then you do not necessarily need to divulge your personal records... View More
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answered on Sep 1, 2023
If you are receiving the assistance and you do not have a contractual requirement to inform your landlord, then you may not need to inform them. It all depends on your specific situation. Many assistance programs pay the landlord directly while some may help to supplement your income.
If... View More
It has come to light that over a month after the deposit was paid, the contractor has dispersed none of the funds provided to him by us toward our project. No work has been done and no materials acquired. The contract was signed July 16th of 2023 and contract stated work would be completed by... View More
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answered on Aug 30, 2023
You do need to contact an attorney. Depending on the circumstances, in many circumstances, the initial deposit needs to be held in a trust account and failure to properly account for the deposit can be theft. Further, it could also be a fraud and/or breach of contract issue. Regardless, you should... View More
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