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...Read 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... Read 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... Read 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...Read 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... Read 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... Read 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...Read 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...Read 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,...Read more »
My husband moved into the home I purchased prior to marriage. After 6.5 years of marriage I have filed for divorce and asked him to move out. He says he has squatter's right and I can't force him to move out. What I've read about squatter's rights, he doesn't qualify.... Read more »
It is common for the spouses to not want to live together while a divorce is pending, but sometimes neither party wants to be the one that moves out. To ask the court to decide who gets to remain in the home while the divorce is pending, a party can file a motion for a temporary order and set for...Read more »
My husband and I are divorcing after 6.5 years of marriage. I purchased my home 3 years prior to our marriage and he moved in with me. He has never made a payment for mortgage, insurance, or utilities. I have also paid for the majority of groceries and other household items. He has paid for... Read more »
If a home is purchased during the marriage, the equity in the home is generally divided between the spouses in a divorce (usually 50/50). Generally, it doesn't matter if the expenses related to the home were paid out of an account in just one party's name. The Court still generally...Read more »
Only his name is on the mortgage, he paid on the house for 6 years before we were married. House has appreciated since marriage, we have both put work into it. He makes 50k more a year than I do, but I work FT and stay home with our child 5 days a week. I pay half of all utilities/groceries/family... Read more »
Generally, even if only one spouse's name is on the deed, the court will generally consider the home as marital if purchased during the marriage. If one spouse owned the home prior to the marriage, then the Court will generally determine that part of the equity in the home is marital and part...Read more »
I live in Nebraska. Where I live has 76 condo units. My family amongst us owns 6 of them. 2 are owner occupied the remaining 4 are rentals. Of the 76 units 25 are non-owner occupied with most being rented to the owners family members. The association is now trying to add wording to our bylaws that... Read more »
You have stated there are 76 condo units. I would not be able to give any opinions without doing a conflict of interest check first. Based on your family's ownership of multiple units, I suggest you make an actual office appointment with an attorney.
5 yrs after my gf divorce, she is looking at finally buying a house. She learned her ex did not refinance the house in his name after she deeded the house to him. She filed for the divorce and is the Plaintiff. The divorce decree under "Real Estate" states "That the Defendant shall... Read more »
A quit claim deed after divorce can remove a spouse from the title of a home. It doesn't remove the spouse from the mortgage. If the parties have entered into a mortgage with joint responsibility, the Decree doesn't change that parties' agreement to the creditor that they are each...Read more »
They live in the home & it's only valued at under $11k. There's no mortgage. The concerns are: we didn't sign anything to agree to this; they are financially unstable; have large medical bills & we don't know if they pay taxes or insure it. Could we be held liable if... Read more »
My parents owned the home but we're letting the bank foreclosure on my childhood home because of bankruptcy . So I started to make the mortgage payments to try to get it put into my name for my new home, but now the bank is talking about for taking about foreclosing on me/her (my step mother).... Read more »
You should save the payment money and approach the bank to take over the loan. Yet, the bank in not likely going to be able to talk with you about it since your not on the loan. Making payments may take your dad out of default but you won't get any credit for the property and your just helping...Read more »
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