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Alabama Questions & Answers
1 Answer | Asked in Divorce, Family Law and Real Estate Law for Alabama on
Q: Can my ex-wife take my land and house if she refuses to sign a deed?

I was awarded half of the land and house during my divorce, while my ex-wife received the other half, which was 10 acres. She refuses to sign a quitclaim deed to transfer the property as outlined in our divorce agreement. Recently, she sold her portion of the land, and I suspect she's... View More

James L. Arrasmith
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answered on Apr 12, 2025

This situation sounds very stressful, especially given the uncertainty and potential for conflict. Based on your divorce agreement, the property division should have been finalized when the court issued the decree, and your ex-wife does not have the right to take your land or house unless there was... View More

2 Answers | Asked in Civil Litigation and Real Estate Law for Alabama on
Q: Served in partition lawsuit without ownership or standing in Alabama property.

I have been living with my partner for about 14 years in a home inherited by her and her three siblings, where she owns 1/4 of the property. We have children together, but we're not married, nor am I listed on any property documents or have any signed agreements regarding my stay. Despite... View More

Anthony M. Avery
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answered on Apr 8, 2025

Probably because you are in possession of the subject real property. Title and Possession are two different things.

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1 Answer | Asked in Criminal Law for Alabama on
Q: Husband has warrant for probation violation in AL. What to do?

My husband received a public intoxication charge in Shelby County, AL, in 2011 and completed everything except attending required classes due to work commitments in Jefferson County. A warrant was issued for his probation violation. He is currently working in Georgia and seeks advice on the best... View More

James L. Arrasmith
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answered on Apr 12, 2025

If your husband has a warrant for a probation violation, the first thing he should do is address the warrant as soon as possible. Ignoring it can lead to more serious consequences, such as being arrested and potentially facing additional charges. He should consider contacting the Shelby County... View More

1 Answer | Asked in Consumer Law and Insurance Bad Faith for Alabama on
Q: Can short-term disability classify a hematoma after heart ablation as pre-existing?

I have a short-term disability insurance policy, and I've developed a hematoma in my leg two weeks after having an ablation procedure on my heart. The hematoma wrapped around the muscle and sciatic nerve, causing numbness and severe pain in my leg. My insurer is considering this condition as... View More

James L. Arrasmith
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answered on Apr 11, 2025

What you’re experiencing sounds incredibly painful and stressful, especially when you're trying to heal and now facing uncertainty with your disability benefits. In Alabama, short-term disability policies can legally include clauses that deny coverage for pre-existing conditions, but the... View More

1 Answer | Asked in Contracts, Civil Litigation and Criminal Law for Alabama on
Q: Can someone press charges for reclaiming a car sold without completed payment?

I sold a car to someone in Alabama with a verbal agreement that they would pay $3,500 in total. They paid $1,000 upfront, with a remaining balance of $2,500. There was no paperwork done. After two weeks, they still hadn't paid the remaining amount, so I went to her house and took back the car,... View More

James L. Arrasmith
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answered on Apr 11, 2025

This is a really stressful situation, especially since there was no written contract to back up the verbal agreement. The good news is that since the car is still legally in your name and the buyer failed to pay in full, you likely still have ownership rights under Alabama law. That being said,... View More

1 Answer | Asked in Business Law, Contracts, Personal Injury and Products Liability for Alabama on
Q: Can I be personally sued for soap issues sold through LLC in AL?

I manufacture soap using natural ingredients with added fragrance oil and dye, both safe for soap making. My stepdaughter sells the soap through her LLC's online boutique; she operates in Mississippi while I manufacture in Alabama. We're concerned about potential liability issues. I... View More

James L. Arrasmith
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answered on Apr 11, 2025

This is a completely valid concern, especially since you're making the product without the protection of a business entity. Because you're manufacturing the soap as an individual and not through an LLC or corporation of your own, you *can* be personally sued if someone has an issue—like... View More

1 Answer | Asked in Employment Law for Alabama on
Q: what are my options on appealing covid related unemployment repayment?

i got covid back in may 2020 and had to be out of work for 6 weeks so during that time i filed for unemployment.

about a year later i started receiving letters from the dept. of labor saying i owed all that unemployment back. every time i would receive one of those letters i would send in... View More

James L. Arrasmith
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answered on Apr 12, 2025

It’s frustrating to be in this situation, especially since you’ve been trying to resolve it over time. If the Department of Labor has ruled that you owe $5,200 for unemployment benefits, it’s important to review their decision carefully. Since you were unaware of the difference between... View More

1 Answer | Asked in Civil Litigation, Personal Injury and Real Estate Law for Alabama on
Q: Can my neighbor be charged for damaging her own tire?

I have been accused by a neighbor of causing property damage, specifically a flat tire on her vehicle. The neighbor lives on a hill with a long driveway affected by water erosion and a nearby fence built by a farmer. I have had various disputes with her, but there has been no communication directly... View More

James L. Arrasmith
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answered on Apr 12, 2025

This sounds like a frustrating and unfair situation to be caught in, especially if you’ve done nothing wrong. In Alabama, someone cannot be charged for damaging their own property unless there’s evidence that they’re doing so with intent to commit fraud, like filing a false insurance claim.... View More

1 Answer | Asked in Domestic Violence, Civil Rights, Social Security and Public Benefits for Alabama on
Q: How can I legally prevent contact from an abusive sibling in Alabama?

I am seeking legal advice on how to prevent my sibling from contacting me. She physically and emotionally abused me during childhood, leading to disabilities, including emotional brain injury and post-concussive brain injury. Despite repeatedly asking her to stop, her contact triggers severe health... View More

James L. Arrasmith
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answered on Apr 6, 2025

I'm really sorry you're going through this. In Alabama, you can request a Protection from Abuse (PFA) order, which legally prohibits your sibling from contacting or coming near you. Since you already filed a request with the sheriff's office, make sure to follow up with them or the... View More

2 Answers | Asked in Real Estate Law and Contracts for Alabama on
Q: Explain "remise, release, and forever quitclaim" in a deed context.

I am involved in transferring rights of a property from three people to just one. The other two want to give up their rights to me, and we've chosen to use a quitclaim deed because it's easy and quick. There's no mortgage on the property, and all parties are available to sign the... View More

Anthony M. Avery
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answered on Apr 4, 2025

Grantor is transferring whatever interests he has in the real property over to the grantee. It makes no promise about what he has at the time of deed execution. You should hire an AL attorney to search the title and draft that deed as problems could be catastrophic.

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2 Answers | Asked in Contracts, Business Law and Real Estate Law for Alabama on
Q: Can a third party prevent me from moving a mobile home due to unpaid seller balance?

I purchased a mobile home for $7,500. The seller was due $5,000, and the party helping to sell the mobile home was due $2,500. I have a bill of sale and a title. If the party assisting with the sale didn’t pay the seller the full $5,000, can they stop me from moving the home? The seller hasn’t... View More

James Blount Griffin
James Blount Griffin
answered on Apr 4, 2025

The lawyer's answer is: "It depends." Do you have an obligation to pay the $5,000 or the $2,500? If the seller has neither cash nor an enforceable promissory note and lien against you, then he is likely within his rights to prevent delivery and installation of the mobile home. If... View More

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1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Alabama on
Q: Concern about positive drug tests despite not using marijuana, related to court order.

I was ordered to undergo drug testing due to a marijuana possession charge. Although I have stopped using marijuana, my tests continue to show positive results. I have communicated this issue to the relevant authorities, but I am concerned about the possibility of going to jail due to these test... View More

James L. Arrasmith
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answered on Apr 12, 2025

It’s understandable that you’re worried about the positive drug tests, especially since you’ve stopped using marijuana. The best thing to do in this situation is to continue communicating openly with the authorities and explain that you have not used marijuana recently. You may also want to... View More

1 Answer | Asked in Family Law for Alabama on
Q: How can I change my child's last name to mine in Alabama, given the father is not on the birth certificate and his whereabouts are unknown?

I am looking to change my child's last name to mine. The child's father is not listed on the birth certificate, and his whereabouts are unknown. No legal action has been established regarding paternity or custody. How can I proceed with changing my child's last name to mine in... View More

James L. Arrasmith
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answered on Apr 13, 2025

To change your child’s last name to yours in Alabama, you will need to file a petition with the court for a name change. Since the father is not listed on the birth certificate and his whereabouts are unknown, this can simplify the process, as you will not need his consent. However, the court may... View More

1 Answer | Asked in Criminal Law, Gov & Administrative Law and Municipal Law for Alabama on
Q: Is drug test order valid for unrelated case?

I'm seeking clarity on whether it was appropriate for a municipal court judge to order a drug test for my wife when her case was unrelated to drugs or child custody. She is now jailed for 180 days for contempt of court connected to the drug test order, after shoplifting an item valued at $2.... View More

James L. Arrasmith
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answered on Apr 12, 2025

The court’s order for a drug test may seem unusual if your wife’s case had no direct connection to drugs or child custody. However, there are instances where a judge might order a drug test if they believe drug use could be a factor in a case’s underlying issues, even if not explicitly... View More

2 Answers | Asked in Contracts, Civil Litigation and Real Estate Law for Alabama on
Q: Is B liable for her deceased mother's HVAC financing, and can the company reclaim the unit legally?

Is B responsible for the financing amount of ~$11,000 for an HVAC unit, even though her mother, who was the sole signer of the contract, has passed away? Additionally, can the financing company legally remove the HVAC unit from B's house under the contract terms given that B is the sole owner... View More

James Blount Griffin
James Blount Griffin
answered on Apr 4, 2025

Death does not extinguish legitimate liens against real property. An HVAC system is a strange bird in property law. The HVAC equipment itself is not "real property" as in real estate, but, once installed, it is a permanent fixture in and with the real estate; the house is likely not... View More

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3 Answers | Asked in Estate Planning and Health Care Law for Alabama on
Q: How to establish a new medical power of attorney for incapacitated brother?

I was my brother's advocate during his recovery from double bypass surgery three years ago, and there was a formal document at the rehab facility where he stayed, but I do not have a copy. Currently, my brother's health has worsened due to strokes, and doctors have determined that he is... View More

James Blount Griffin
James Blount Griffin
answered on Apr 1, 2025

If your brother lacks capacity to sign his name or understand what a power of attorney means, then the POA is no longer an option. He needs a conservator, a guardian, or both. You need to contact an attorney in your area who practices in elder law and estate planning. Conservatorships and... View More

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1 Answer | Asked in Consumer Law and Gov & Administrative Law for Alabama on
Q: How to stop mortgage buyers from contacting me at home?

I want to know how I can stop receiving solicitations from mortgage buyers who keep contacting me at my personal home address and through phone calls. I've explicitly requested that they stop, but the issue persists with multiple companies. This is a continuous problem, and I would like to... View More

James L. Arrasmith
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answered on Apr 11, 2025

Getting repeated solicitations at home after you’ve asked them to stop is not only frustrating—it can feel invasive. One of the first steps you can take is to register your number with the **National Do Not Call Registry** at donotcall.gov, if you haven’t already. This won’t stop every... View More

2 Answers | Asked in Civil Litigation, Real Estate Law and Appeals / Appellate Law for Alabama on
Q: How can a judge approve a sale with realtor violations in partition action?

I've been involved in a partition action where the judge ordered me to sign a listing agreement giving a realtor "sole" discretion to sell the property. However, the realtor violated ethics and real estate law, used an outdated contract, added unlawful transaction fees, and completed... View More

James Blount Griffin
James Blount Griffin
answered on Apr 4, 2025

In property disputes, judges often appoint a realtor to sell the property and divide the proceeds at closing. In your case, you have every right to give notice to the court, in a formal pleading, that the listing agreement and other sales protocols were violated. Usually, the judge must approve... View More

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1 Answer | Asked in Tax Law and Gov & Administrative Law for Alabama on
Q: Is it legal to charge $61 taxes on a $29 disability tag?

I have been charged $61 in taxes for a disability tag that costs $29. There is no breakdown of what constitutes these taxes, and there hasn't been any public notice about changes to fees. Is this legal?

James L. Arrasmith
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answered on Apr 12, 2025

I understand your concern regarding the $61 in taxes charged for a disability access license plate that has a base cost of $29. In Alabama, the standard registration fee for a passenger vehicle is $23, plus a $1.25 issuance fee. Additional costs can include local fees, ad valorem taxes, and sales... View More

2 Answers | Asked in Contracts, Construction Law and Real Estate Law for Alabama on
Q: Do I have a case for breach of contract?

Non supportive wall between garage slab between crawl space was leaning and was supposed to be fixed. We are now having the whole wall fixed because it was not fixed. There was supposed to be a shut off valve put in on the hot water heater that was not put on

James Blount Griffin
James Blount Griffin
answered on Mar 31, 2025

To win a breach of contract case, you need to be able to prove that the contractor violated either a specific clause of the contract or a warranty, express or implied. Next, you need to look at the contract and see if there is an arbitration clause, which would mean that if you claim breach of... View More

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