Get free answers to your Real Estate Law legal questions from lawyers in your area.
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?
answered on May 2, 2020
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 
answered on Apr 15, 2020
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
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.... View More
answered on Apr 2, 2020
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... View More
We will be divorcing later - possibly next year.
His (my spouse's) name is on the HELOC (home equity line of credit) loan.
Am I able to refinance, in my name only, without any signatures from him?
I married him twice, and was awarded the house in the first divorce,... View More
answered on Mar 25, 2020
In theory, potentially yes depending on your current loan terms. In reality are you going to be able to find a mortgage lender that will do the refinancing without his cooperation, probably not.
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... View More
answered on Mar 3, 2020
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... View 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... View More
answered on Mar 3, 2020
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... View 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... View More
answered on Feb 4, 2020
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... View More
answered on Jun 27, 2019
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... View More
We were told by a banker that we need to refinance within 30 months since we are now married. Is this true?
answered on Jun 10, 2019
I am not aware of any laws that require a person to refinance their home due to getting married.
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... View More
answered on Oct 28, 2018
Depends how it's added. May be good or not. I think you need to consult an attorney for the way it should be that would be best.
If you and sib are tenants by the entireties with right of survivorship" it can be good but may have consequences. Speak to an attorney.
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).... View More
answered on Jul 24, 2017
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... View More
I gave him the house but I don't think he can get it refinanced and I want him to keep the house but My name needs to be removed from the mortgage so my credit rating quits suffering
answered on Oct 20, 2015
I can think of only one way you can end your liability under the mortgage note, he keep the house, and he not have to refinance: you would have to file for bankruptcy protection.
We sold our home and gave the new homeowners a certified check for 650 dollars made out to a mudjacking company per our contract to have some work done on the drive way. The new homeowners lost the check and had the work done. The check had a 90 day experation. 1 day after it expiered they... View More
answered on Aug 31, 2015
This is a very good question. Unfortunately, it requires a bit of research to answer. Get a local attorney on this matter.
Loan refinanced. Quit claim deed filed and my name off of property. Now it is foreclosing, and creditor's attorney is stating my name needs to be off of deed of trust. It's off of the note and title, but he said that's not enough. Please help.
answered on Aug 22, 2014
This doesn't make sense. If your ex really refinanced, the deed of trust with your name on it would have been paid in full and the mortgage would have been satisfied. In addition, on a foreclosure, the lender usually goes after the property, and you would not have any liability. The deed of... View More
and myself..closing date is set..can this be stopped or contested after closing by others named in will other than the personal rep?
answered on May 17, 2014
There are times when a transaction like this is challenged even after the closing. This is why it's essential that you purchase owner's title insurance, which will protect you from any possible financial loss resulting from such claims.
answered on Feb 22, 2012
The answer to this question is fact dependent. However, in many situations the neighbor would be responsible for the cost of having to remove the tree, and also the cost of repairing any damages the falling tree caused.
answered on May 13, 2011
Yes. To transfer the deed or "title" to the property, all owners must sign and agree to the transfer.
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