Under contract law, most of the time the Court can enforce a contract even if the terms are not written down (oral contract). There are exceptions to this. Sometimes when the Court finds that there is an enforceable oral contract it is still up to the Court to determine what exactly the terms are...View More
He and his wife (whose name is not attached to the land) have been drafting and signing lease agreements for seven years. I have never seen these agreements. My brother and his wife handle every aspect of the land and finances. I receive $500/year, which he claims are the only profits. I'm... View More
I am signing at least for a property in Nebraska however the paper was drawn up in the lease like it was for an Oregon State lease agreement would that be valid in the state of Nebraska because it wasn't drawn up for this state of Nebraska property?
If the applicable laws are the same in Nebraska and Oregon, then it may not cause issues, although it potentially could. If problems arise or the applicable laws are not the same, they you may be inviting issues. If you don't think the lease is correct, then review it with an attorney before...View More
We've been together 20yrs, but never married. We are both on Social Security Disability, and rely on each other in times of need. Her name is on the deed simply because I have no living relatives to leave anything to. (I've paid for the property outright from an inheritance) She's... View More
She needs to defend against the action that she was served with and speak with an attorney now. She likely need to file a response with the Court now and take other actions to respond to the lawsuit or she may unintentionally waive some of her rights. If the creditor is persuing the home and you...View More
The answer would depend on how you and the sister owned the house. If the house is owned as Tenants-in-Common, each owns an undivided interest in the property. The deceased sister's interest would pass through her estate.
If the property is owned in Joint Tenancy with Rights of...View More
If you did the proper legal formalities such as a bill of sale and transferring the title of the vehicle to the new owner, then you likely have no further responsibility at least as owner of the vehicle. If you left the vehicle but you are still a title holder, then things become more complicated...View More
I inherited a house from my parents after the death of my father and have kept the house for 15 years. I am in the process of selling and have found an old Judgement from 2004 against my 1/2 brother for unpaid child support. However, the house was NOT in his name at the time of the judgement. Will... View More
It depends. If the child support is paid in full at this time, then it may be a non-issue. If there is still child support outstanding and there may arguable be a child support lien, then this could cause delays while clearing up this title issue. If he was not and is not a title holder, then...View More
My daughter just bought a house and moved in. Rite away the sewer started showing signs of problems. She had a camera ran thru the line and was told it was collapsed. She wasn't told anything about this during the purchase. It seems this had to be known issue that wasn't disclosed.... View More
If the Seller knew of the problem and failed to disclose, they can be found liable in court, pending proof, etc. Nebraska law provides attorney fees in some circumstances, and if the Buyer is sucessfull, and if the case is filed within a year of purchase or possesion, depending which was first....View More
It certainly can. It depends on your specific real estate transaction. Selling a home is much different than selling a factory and there isn't enough info in your question to know about this specific transaction. That being said, assuming this is the sale of a home, you generally must pay...View More
Two parties in roughly 9+ year cohabitant unmarried relationship with child. Home was purchased while together using credit of both parties (both listed on the mortgage), but only one party was named on the deed. Both have contributed to the mortgage and up keep of the home. They are ending the... View More
Seeing conflicting information and don't see a definitive. From initial refi attempts, this seems to be lender specific since some want this while others don't. Prefer to avoid this as would make planned future house sale essentially impossible with title in both names as during that... View More
Are you asking if the lender will require both spouses to sign for a refinance when the rental property is in one party's name? It depends on whether the new mortgage will be in both parties' names or not. Even if the property and mortgage is in one party's name, the lender may...View More
I am trying to help my parents. My uncle lived next door to my grandparents and when they passed, as the executor of the will/estate, he refused to show the will or give any of the proceeds of the estate to the other family members. My parents didn't pursue him legally (my mom was afraid of... View More
There's not enough information here to provide an exact answer. What can be done depends on what assets would pass under the grandparent's Wills, how long ago they died, the values of the real estate and the personal property, and other factors as well.
But, there is a special condition that if we are ranchers and own all the land, a 2nd home can be built, so we can "get around" the problem of not being able to build two homes, by not separating the 74 acres into 2 parcels (so we both own the ground), so no real problem so far. But, I... View More
Your question is too specific for a general posting board like this. You will want to consult a real estate attorney experienced with farm land issues to see what exceptions might apply in your specific situation.
My dad passed, my brother removed mom's name so he's the only person on the title. My mother is elderly and she said she didn't know. I was never consulted and found out by looking at the county records. My bother said I can be put on the title but I don't know where to start.
If you are implying that there may have been some type of fraud in removing the mother's name and adding the brother's name to the title, then that needs to be looked into and corrected if necessary first before participating in the brother's willingness to add another name to the...View More
I read it is required by law that any real estate ad must state the owner, the broker, and the name of the company on ALL online ads (i.e. Facebook and Instagram). But I am just a private investor. So is this legal for me to post "home/land wanted" ads?
Have you tried contacting the Nebraska Real Estate Commission and/or reviewing their website? There is a lot of user friendly information that helps property owners/property investors know what rules to apply to them. If there isn't a clear answer, you may need to retain an attorney for...View More
Even if a property was purchased prior to the marriage, a spouse generally has a marital interest in the property. In a divorce, the Court would likely find some of the value of the home is marital and some pre-marital, but it depends on the specific facts of the case. Thus, due to such reason,...View More
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