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He is wanting money back for down payment and part ownership to my house. He isn’t on the Mortage and never paid a payment but one. Is there a chance judge can grant him ownership to something he doesn’t owned? None of the bills is under his name. He isn’t on the deed or Mortage. He never put... View More 
answered on Jul 7, 2021
Your question does not indicate that either your ex-boyfriend or you are asserting that you are common law married. If someone asserts common law marriage, the answer below might not apply.
Your "x" provided some money for the downpayment and made one mortgage payment. How much... View More
answered on Jul 7, 2021
Adverse possession in Kansas is a statutory created right and would be the same wherever the circumstances arise. The statue is relatively succinct and straight-forward:
"60-503. Adverse possession. No action shall be maintained against any person for the recovery of real property who... View More
our bid was beat. SO then the real estate agent told us this was one and done going tpo be the fnal bid. AS he went back to original bidder who was rejected and he gave new offer which we then bid our best offer assuming we were the final bid as he had said. Only to receive a call that said we lost... View More
answered on Apr 21, 2021
The obligations of a broker to buyer and to seller may vary based upon whether they are a seller's broker, buyer's broker, or a transaction broker. The duties of the different types of brokers are summarized by the Kansas Real Estate Commission on the following website:... View More
We are working with a rent to own
answered on Nov 18, 2020
A deed can include any group of people. A lender would not typically have a preference with respect to partners, so long as the partners were otherwise approved for the loan. Your question references a rent-to-own arrangement. The landlord would have some discretion over what arrangement they would... View More
answered on Nov 16, 2020
It is good practice for any real estate transaction to include a sales agreement that details the transaction, identifies the escrow procedure, and explains what "as is" means. Good practice also includes a seller's disclosure statement that communicates what is known about the... View More
My 2 Aunts signed their rights to my cousin for my Grandmothers land but my mother does not want that. She wants to keep the land in her Mothers name. What can we do to ensure her rights on her Mothers land and for my cousin not to own 2/3rds? Also is it legal for my cousin to own 2/3rds if my... View More
answered on Nov 16, 2020
The three children of a single person who left no will would be her heirs at law. For real estate to be transferred to those three heirs, some type of probate proceeding in court must occur. A petition to probate the estate and for the appointment of an administrator would be the most common... View More
My husband passed away 3 years ago in Kansas. He had properties in Kansas and Arkansas. The executor for his case requested documents in this past February. I haven't hard anything about this since then. What can I do to get updates for this case and move on?
answered on Nov 5, 2020
Surviving spouses certainly have rights in Kansas. If there is reason to think the administrator/executor isn't doing what they need to be doing, I would strongly encourage you to talk to an attorney. They may be able to file certain motions with the Court to get things going, or there may... View More
answered on Oct 26, 2020
Good practice for contracts for deed arrangements would normally include three safeguards: A deed in escrow, payments in escrow, and an affidavit of equitable interest filed with the Register of Deeds. The deed in escrow by grantor naming the purchaser as the grantee ensures that a deed is... View More
Shes trying to sell it. The will was not filed prior to death at the register of deeds and I didnt know about the 6months affidavit. She never showed me the willl so the trying to control the outcome and the bank is owed 16,000 $
answered on Oct 14, 2020
Kansas law requires that a will be filed with the court within six months of the date of death. However, if you are a person who might benefit from the will and were not informed of its existence, you may file the will with the court upon learning of its existence.
A will controls the... View More
Is a very long situation and a lot of detail , I want to know if I have an option here or not to pursue it.
answered on Oct 5, 2020
I would highly encourage you to talk to a lawyer. Depending on the unique facts of the case, you may be able to recover some amount of money. These are very fact specific cases, so an attorney would be a great resources.
In other words, can they sign the deed to me, while the financing remains in their name, but i make the payments?
answered on Sep 19, 2020
Bank mortgagees typically have "due on sale" clauses that provide that mortgage debt accelerates upon the transfer of the property. Sometimes lenders ignore transfers and continue to accept payments. However, the purchaser is taking a risk. The purchaser could make payments that are not... View More
House was in danger of being put up for sheriff sale until I paid delinquent taxes. I want possession and he refuses to cooperate
answered on Sep 9, 2020
If two or more persons listed as tenants in common on a property, control of the property is problematic if they are unable to agree. In absence of an agreed sale and purchase of the other person's interest, Kansas law provides for the partition of the property through a court proceeding. If... View More
Do I have any rights to the home?
answered on Aug 10, 2020
It is essential for you to consult with an attorney to share the details of your specific circumstances. Kansas law allows for prenuptial (before marriage) agreements. K.S.A. 23-2401, et seq. The agreement must be in writing (23-2403) and may only be amended after marriage in writing (23-4306). The... View More
Mortgage company says new rate will be 3.125, but 6-month libor has been under .5 for several months. Am I correct and if so what can I do about this? My rate adjusts every 6 months.
answered on Jul 20, 2020
The adjustable rate should be ascertainable using the formula stated in the promissory note. The current 6-month LIBOR rate appears to be under 0.34%.
Some typical determinants of an adjustable-rate mortgage calculation are: (1) the specific date from which the 6-month LIBOR is drawn; (B)... View More
Title company wants my signature as well. We live in Kansas. Am I required to sign even though I never had anything to do with the property?
answered on Jul 20, 2020
Kansas has specific provisions with respect to real estate that provide spouses with protection against the transfer of real estate without the spouse's signature. Article 15, Section 9 of the state Constitution provides that the homestead may not be transferred without the written consent of... View More
She wants us to pay 500 dollars of her closing on her new house. I feel like she is holding the house hostage and we have to pay ransom to own it. We have done everything in good faith and have waited 4 months and had closing delayed 3 times. Our real estate agent is pushing us to pay the 500.00
answered on Jun 25, 2020
The contract controls your rights and obligations. Perhaps the broker should offer to pay it?
My lease expired a year ago. They rent the apt for $775, (for the new addition, I live in the old apts) new year lease states that rent is $790, month to month is $840 and if I don’t sign either then the rent will go up an additional $25/mo. Can they do this? Should I move to the new apartments... View More
answered on Jun 20, 2020
If you are occupying a premises on a month to month basis, in most places the LL can change the terms of your occupancy by providing you with the notice required under the document. When you hold over after a lease expires, you are usually on the same as a month to month tenancy, unless the lease... View More
Our divorce decree did not specify my removal. I contacted the mortgage company and they said he will have to initiate my removal. We live in Kansas. Do I have any options?
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answered on May 21, 2020
If the Mortgagee wants to keep you on the Mortgage, there is nothing you can do but pay it off. The former Spouse probably does not want, or cannot, refinance the loan.
General Warranty Deed Joint Tenancy (Statutory) Mr. A & Mrs A ,husband and wife AND Mr. B & Mrs. B Husband and Wife Convey and Warrant to Mr. B & Mrs. B as joint tenants with right of survivorship and not tenants in common, all the following REAL ESTATE...
What is the ownership... View More
answered on Apr 7, 2020
There is more to a deed than these provisions, so you should consult with an attorney to ensure that the document does what is intended and has been properly recorded. With that caveat, the question posed is in the nature of a hypothetical asking how the language quoted would affect the rights of... View More
answered on Apr 7, 2020
Kansas law provides protections to spouses preventing the sale of real estate without the consent of the spouse. As a practical matter, the spouse's signature is also required on the sale of real estate owned by one spouse. If neither spouse lives in Kansas and has never lived in the state of... View More
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