My wife and her friend, who lives in Kenya, created an LLC to purchase a rental property in Memphis. The LLC is listed as the owner on the title document. The friend paid the initial deposit and has been collecting all of the revenue from payments made by tenants. My wife agreed to partner with... Read more »
If the property is owned by the LLC, the "operating agreement" of the LLC controls resolution of any dispute among the owners/members of the LLC. If there is no "operating agreement," there are state statutes which control the dissolution of the LLC. It is unclear what you mean when you say the...Read more »
Strictly speaking, you should not have to go- they are seeking "possession only" ( that language is VERY important, so double check) and if you agree or have already surrendered possession, then there is no dispute and no need for you to appear. HOWEVER, as the saying goes - "better safe than...Read more »
In my experience, the judges follow the guidelines ( appellate court decisions says the guidelines have the same effect as laws passed by the legislature). The Judges are under a statutory directive to insure the child support law is obeyed. The guidelines do permit deviations, but only for a very...Read more »
A child born to unmarried parents is, by statute, in the custody of the mother. To assert any parental rights, the father must file a paternity ( now called parentage) action, get DNA testing done to confirm paternity and have the Court/Judge establish the legal relationship. This means the father...Read more »
We have an electronic record showing he authorized the work, parts and the costs. He only paid $500 for it and appears to have been trying to "flip" it for profit. It seems he's trying to cut his losses leaving us with labor and parts already paid out on his authorization.
Under Tennessee law, a repair service has a possessory lien on the vehicle for the cost of repairs- you can retain the vehicle until he pays for the work. At some point, you will need to file suit to collect the debt, and once you have a judgment, you can have the sheriff's office sell the vehicle...Read more »
The failure to list or report the debt to a credit reporting agency is irrelevant, the real issue is the statute of limitations: the legal deadline for filing suit. Beware; Local utility services are often non-profit agencies, and some have policies against allowing new services to individuals who...Read more »
divorce has significant emotional and financial consequences. It sounds like you need to file ( forget asking for an "agreed divorce" - if he has treated you so badly, you don't need his agreement, you have grounds to dissolve the marriage even if he disagrees). The order of protection can also be...Read more »
Impossible to answer without additional information; in a divorce in Tennessee, the judge is not bound by the labels or designations on title certificates, or deeds or signature cards on banks accounts. The classification of an asset as either "marital property" or "separate property" requires the...Read more »
This is too complicate to answer in this simple question/answer format. if I understand what you are asking- it certainly sounds like it would be unlikely that a judge would award any of this property to your husband in a divorce situation. However, that are many other factors the Judge MUST...Read more »
Sorry, but there is no "easy answer" to this: If you needed surgery, would you attempt to do it to yourself? Almost everyone says no, they would hire a professional to perform this service. However, rather than hire a lawyer, people will attempt complicated procedures and risk unfortunate...Read more »
If it was her mistake in telling you the wrong amount, I would say "No." It also sounds like the mistake should have been discovered much sooner, ( somebody was paying the bill or it was coming out as a deduction on a paycheck). However, to be 100% sure, all of the wording or your divorce decree...Read more »
Yes, if the new owner tries to evict or raise the rent, the prior owner will be in breach of your lease. The purchaser is buying the property "subject to" the contract ( your lease) already in existence, but only for the remaining term of the lease.
Yes, you can get an agreed divorce without a lawyer, even if you own real property, but this is almost always an area of dispute ( since it is usually the parties biggest investment). Although your husband may not want the house, he may change his mind if he finds out he might be entitled to some...Read more »
She got it fixed and texted me she would just deduct from rent. I know this isn’t legal but what is Landlords recourse? Can I withhold deposit for the repairs? It was a matter of a few hours, not even 24hrs to remedy on my pair.
If she doesn't pay the correct amount of rent- that is a breach of the lease. She can only withhold rent in very limited circumstances, and as you say, it does not appear that she gave you enough advance notice or time to perform any repairs ( this assumes you are located in an area covered by the...Read more »
My mother does not have a p.o.a. shes recently been diagnosed with dementia and Alzheimer's. Her bills are not getting paid. She's not eating. She refuses help and meals on wheels. I don't have the income to pay for court costs, how do I take over so she's financially safe and gets the care she... Read more »
You do not have to spend your money- the cost of a "conservatorship" should be paid from her assets. You will need a sworn statement/affidavit from her doctor confirming the diagnosis of dementia but also stating the doctor's opinion as to whether she can manage her own affairs ( do this first...Read more »
My husband is "too busy right now" to draw up a will. We moved to Tennessee from Florida in Sept 2018 and bought a house with a mortgage. He has two daughters with families in Colorado. I am their step-mother. If he dies, does his personal property automatically go to me, his wife, by Tennessee law?
A surviving spouse is entitled to certain household goods and the family automobile if the deceased spouses dies without a will. Review Tennessee Code Section 30-2-101. The surviving spouse has other entitlements ( a homestead allowance and a "years support, etc ) but all of these are NOT...Read more »
If the bank is threatening foreclosure- that usually means they have a lien on the property, and if you acquired that property by inheritance, you acquired the property SUBJECT to the Banks lien: this means that if you want to keep the property, you will have to pay the loan. You don't owe the...Read more »
They cited improper wiping, but I know I did not expose the area to water beyond normal use. I strongly suspect the problem is due to the laminate countertop not being properly installed and/or sealed where the countertop meets the backsplash piece. What recourse do I have?
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