Vinton, VA asked in Real Estate Law for Virginia

Q: Hello i have a property that i was buying threw a rent to own contract my name was added to the deed. then lady passed

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 mean the property should turn over to me Because i hold the investment or does that mean that family assumes contract. The father calmed the contract was void and stop excepting money the day she passed away and was trying to push me out then he passes away now. The sister has a buyer and trying to close on it and needs me to sign off on it. this lady didn't have a will and her dad just calmed her estate and now Sister is doing the same

Related Topics:
3 Lawyer Answers
Shafeek Seddiq
Shafeek Seddiq
Answered
  • VIENNA, VA
  • Licensed in Virginia

A: 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 lawyer near you to review and then tell you what your rights and options are.

Ross Cameron Hart agrees with this answer

Ross Cameron Hart
Ross Cameron Hart
Answered
  • Salem, VA
  • Licensed in Virginia

A: YOU NEED A LAWYER, NOT AN INTERNET ANSWER.

Most "Rent to own contracts" create problems for the parties, even those written by lawyers. The good news is that the lady added you to the title of the property (which is what you meant by the incorrect phrase that your name is 'on the deed'.

Find a lawyer experienced in both real estate and probate - it's likely to be expensive but without a lawyer you are likely to lose all you have invested in the property. Statistics show that over 80% of people who go to a civil court without a lawyer lose. The lawyer will need to see the agreement where you were buying the property as well as the deed which added your name to the title.

Richard Sternberg
Richard Sternberg
Answered
  • Potomac, MD
  • Licensed in Virginia

A: It is difficult to understand your posting, because your language skills are lacking, but you obviously have property rights in the house. It is settings like this where honest people like you get their property rights taken. You need to find the money for a consult with a lawyer who will examine the title to the house, any correspondence or leases, and the entire setting. Your rights are not diminished by your inability to write well, but your ability to enforce those rights depends on you not allowing yourself to be swindled. Sign nothing other than a retainer agreement. It will be worth it, and it can be eventually repaid in the sale or refinancing of the property. Many competent lawyers offer a discount on an initial consult.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.