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This is in Virginia. The woman came into the relationship with nothing and makes half as much as the man. She can't afford the mortgage, but he can and wishes to buy her out. She refuses to let him do so. Is there anything that he can do? If they do have to sell, does she automatically get... View More 
answered on Apr 28, 2023
A lawyer may advice you to file a partition claim in which the lawyer may further suggest to ask the court to buy her out. But, all of these depends on how you both own currently own the property, how long you lived, who paid for down payment, who pays for mortgage, utilities, other expenses, etc.... View More
The seller did not disclose the restrictions on the property prior to the title search being completed. The deed restrictions were filed in 2019 and will last 40 years minimum with options to renew. The deed restrictions require any modifications to the property and land to be approved, by a... View More
answered on Mar 25, 2023
It is a bit unclear as to what it means to be "approved" and by whom. There is also the matter of whether you told anyone/seller, your agent that you want to add more bedrooms and if you cannot, you do not want it. As Mr. Wilson explained below, it is also depends on the contracts and... View More
There a three owners listed on the deed, two are deceased and not included as owners of the property on the listing agreement. The heirs of the deceased owners have been asked to sign the listing agreement. Can the exclusion of the deceased owners in the listing agreement create any legal... View More
answered on Feb 7, 2023
A dead person does not own anything. He/she is gone. Anything that deceased person owned now belongs to someone else. That someone else is determined by a variety of methods including how title/ownership was held by the dead person and what Mr. Sternberg explains in his answer. You need to... View More
Also power of attorney. Does his wife now get half? Or I'm I the sole heir
answered on Dec 8, 2022
Possibly, yes, his wife and children, if any, may receive the half, but it depends on what the will says, how it says it and when your brother passed away. I recommend you to take the will to a lawyer near you to review it and explain the next steps of Probate. So, it is not as simple as saying... View More
Also, VA property code must be added the claim. Additional statement must include language that communicate if a party dies what happen to the property.
answered on Sep 6, 2022
It depends on how the three grantees will take title/ownership. But, most importantly, you need a lawyer to draft the deed to make sure everything is done properly.
The divorce settlement states that she gets the house only once she can obtain a loan. So can I refinance the loan in any way before she takes it over in order to get some money out of the house? Or will I need her to sign anything?
answered on Jul 31, 2022
See a real estate lawyer, show the PSA and title and loan documents. Then, the lawyer can outline your options and how to proceed.
Not a legal advice nor any attorney-client relationship.
She has been writing rent on her checks and not mortgage.
answered on Jul 31, 2022
You need to see a lawyer who will learn more about the arrangements and understanding between you and your girlfriend, then advice, counsel and provide options. Or, it could be as simple as a memo on the check "for rent only".
Not a legal advice nor a an attorney-client... View More
I bought my listed 5 bed 3 bath home in Jan 2021 . Everything has been great but had a plumbing issue and found after septic people came out and plumber that it has a 2 person max occupancy. It was never disclosed to me . Only reason it has come to light now is that we had the issue of water... View More
answered on Jul 31, 2022
I am sorry to hear what you just learned and the possible consequences. You might have a recourse against the seller, the seller's agent, your agent, or ask the title insurance underwriter for help. But, without a lawyer reviewing all the relevant documents who can then provide proper advice,... View More
Or declaration of heirs. 24 houses have been constructed and no one wants to pay Crim, up to $30k owe.
How do I begin this journey to obtain what is mine?
answered on Apr 7, 2022
Sorry to hear what you are going through. A good place to begin your journey is to see a real estate or estate lawyer to learn more about the story and gather information, then outline how to proceed, if any.
I sold a house to family and trying to change the deed from my name to theirs. I was told by the record's office that a General Warranty Deed would charge me taxes and that I needed to add an exemption code and use the correct title.
answered on Mar 25, 2022
I recommend you go see a real estate lawyer near you to explain how this can be done.
answered on Mar 21, 2022
It depends on what your dad wants. What does separately mean? I would recommend your dad reaches out to an estate planning lawyer and explain what he wants. Then, the lawyer can tell him what estate documents he needs.
The family is trying to sell it and can't because the lady added my name to the deed. do i have rights to the land and what should i do. The family wants me to sign my name off it. I refuse because I have money invested in the property. In the event of her Death and she has no will would that... View More
answered on Feb 20, 2022
It is confusing to understand the relationships without looking at the deed to show how you both owned the property, and the rent to buy contract to learn what these documents say. There are answers, but unfortunately, no easy ones. Take these documents to a real estate lawyer and or probate... View More
Shoddy work, the floor is already coming apart and he will not answer my texts or emails about fixing it. He just finished the work in August. I do have a signed contract. He also cut electrical to my loft so now I have to hire someone to run electrical. I messed up because I did not ask if he was... View More
answered on Feb 19, 2022
I agree with my colleague that you may have a civil claim under VCPA, and the Department of Professional and Occupational Regulation (DPOR) and your county permit and code administration enforcement office may get involved if the contractor had no license. But, most importantly, need to reach out... View More
Decide to move together into the home left by my grandparents . The home had no mortgages & they split the bills & taxes evenly.Switching the deed of the home over was done easily at the courthouse where my grandparents names were removed and their children's were added in their... View More
answered on Feb 18, 2022
It all depends on the deed, it could go to your mom by right of survivorship, or after probate, either you mom buys out the heir(s) of your uncle or sells/partition. However, the best option is to take the recorded deed to the probate, estate, real estate lawyer nearest your mom to review and... View More
answered on Feb 16, 2022
Show your contract to a lawyer near you to tell you if you can get out and how you can get out.
The new survey was completed in 2015 and changed the lines significantly. Both parties signed the new survey. This new survey was not recorded by either party (the smaller property is surrounded by another very large property on 3 sides, with a road as the 4th side). Neither party changed their... View More
answered on Nov 8, 2020
I assume the subject property is in Virginia, if so, then several issues are not clear. The two deeds were not changed. Not sure which deeds you are referring to. The person who sold it to you and the neighbor, I presume. Also, it appears you are saying the deed(s) describe line boundaries. Or the... View More
I live in New Jersey and I'm buying a house cash in Virginia. We are not using a buyer's agent. We were told we needed to have a real estate lawyer or a title company when the paperwork was signed. I'm trying to find out if the title company needs to be in Virginia or if I can use... View More
answered on Sep 19, 2020
I agree with my colleagues' answers above. I assume (since it is a cash transaction) that you most likely are or purchased it for investment which you may want to flip or receive passive income. And if you purchased a distressed property, a lawyer can also counsel on the best route and proper... View More
I am renting to a person using a housing voucher in the state of Virginia'. We are asking &1750.00/mo. The program will only pay $1573 and the tenant has agreed to pay the remainder of $177.00. The issue is, the housing authority cannot know that the rent is higher than the monthly... View More
answered on Jul 24, 2020
I think you know what you should do and do not need someone to tell you. As a general rule is that if you feel uncomfortable to do something then do not do it. Alternatively, call a lawyer near you who will explain how this works.
There is no operating agreement on file. However, there are official minutes and a general operational procedure over the years. The person acting as agent wants to take over the LLC and run it for the agents benefit. How can we enforce the original [purpose and remove the agent?
answered on Jul 24, 2020
I suggest you talk to a lawyer and show the documents to determine the relationship of the agent (assuming you mean registered agent) with members and the LLC.
answered on Jul 14, 2020
Generally speaking yes, but it also depends on the relationship of the ownership. There are other methods by which owners of real estate (those on deed) can sign to sell the house. Call a lawyer in your area to review the current deed and will explain.
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