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My spouse and I are co-owners on our house deed and we are in the process of getting a divorce. Can my spouse change the structure of our deed before or after we get a divorce from ‘Joint Tenants Rights of Survivorship’ to ‘Tenants in Common’ without my permission so that if he passed away... View More 
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answered on May 28, 2023
That will be dependent on the by-laws and what is allowed. There is no way to answer your question with so little information and with the most important document missing.
My yet-to-be-divorced spouse wants us to sign an agreement whereas he will pay me a sum of money to remove myself from our house deed. We would both remain on the mortgage but he would assume full payments for a year at which time he agreed to refinance to remove me from mortgage. What if after a... View More
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answered on May 25, 2023
This is a very complex situation that would exceed what most attorneys will include in a free consultation. You really need to retain an attorney who is experienced in both matrimonial law and civil litigation, as well as mortgage foreclosure defense. There are too many moving parts to provide a... View More
Specifically, can other types of assets (i.e., equipment, other physical property, etc.) external to the residential housing unit be leased to a tenant via a binding lease agreement? Today, a tenant could lease an apartment that includes a parking space and storage unit, and usually these assets... View More
answered on May 25, 2023
Your lease can include non-real estate items. In a residential tenancy typically these things are refrigerators, dishwashers, washer dryers, and other typical household goods. In a commercial or industrial setting and can include equipment relevant to the tasks at hand.
I would also include... View More
If someone has federal tax liens prior to acquiring another property then selling it. Are the prior ones attached or just while in Title?
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answered on Apr 19, 2023
If a purchaser has recorded FTLs in a certain County and buys land in that County, the FTL immediately encumbers the land. Each FTL should have the expiration date printed on its face. Such a buyer needs an attorney on how to proceed.
answered on Apr 19, 2023
While no question was asked. So as a general answer, the federal lien remains. The property is subject to that lien. The lien may be enforced against the property even though presently owned by a third party. If you were represented by an attorney, a property search should have been ordered which... View More
I have a contract for deed on the house. There is a mortgage on the house in her name only.
answered on Apr 18, 2023
I would get a writing as quickly as possible from your daughter and her husband acknowledging that the real owner of the property is you and that title to the house was put in your daughter's name for convenience purposes for you.
The 2nd question ( which is also tied to the 1st... View More
I bought my house 6 years ago in Mount Laurel with a wood fence in place for over 30 years. I replaced the fence 2 years ago and just gotten a letter from township that the fence is on the township property. What rights do I have?
answered on Apr 11, 2023
You have one option. You can file an application with the Township for permission to keep the fencde where it is located with the proviso that should the municipality need to remove same for safety or emergency reasons, you would not be charged for the cost and you would be able to replace the... View More
I have a deed where the grantor transferred property to grantee for 1$. In the same deed the second sentence is that the grantor conveys a Life Estate to the grantee for his natural life. The grantor later made a will and left the same property to the different person, and no taxes of any type... View More
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answered on Apr 11, 2023
You said the grantor conveyed a life estate to the grantee but you probably meant "grantor**." Anyway, provided the earlier deed was recorded (you did not specify - you only said you had it) the grantor's Will matters not because AT MOST he retained a life estate that dies with him,... View More
Selling a home. Both parties signed a document agreeing to sell and it was then notarized. Parties are divorced. Home is under wife’s name and mortgage as well for over 20+ years. House is pending sale and under contract. Now the ex-husband is saying he won’t sign for the sale of the home. Can... View More
answered on Mar 29, 2023
You need to speak with an experienced divorce lawyer as to the document signed and whether it can be enforced by an application to the court. You also need to discuss with the lawyer, the reason why your ex refuses to cooperate with the homes sale.
ago, my daughter and my 2 young grandchildren (ages 5-6) moved in with me due to domestic violence . She has a final restraining order. I have been taking care of them while my daughter worked.
I have a physical disability (spinal stenosis) and a traumatic brain injury from a serious... View More
answered on Mar 29, 2023
A summons is merely notice that a complaint has been filed with the Court. You failed to state if a complaint was annexed to the summons. If you are the owner, you must comply with the HOA documents. A complaint would mention what acts are in violation. So it is difficult to describe what you must... View More
Then he was non compliant with the assistance requests and was not only marked as ineligible for further funding, we were approved but he is the reason he is not getting paid, so he filed eviction stating that agreement was not in the lease but there is a whole paper trail in emails of his... View More
answered on Mar 18, 2023
There is no self help in NJ by Landlords for residential property. So in order to evict you, he must comply strictly to the statutory requirements for eviction. If he does so, you will be able to present your side of the story to the Judge.
The property is in the Bronx and I am one of two joint tenants with 50% ownership each.
answered on Mar 15, 2023
Since the property is in the Bronx, it is subject to the property statutes and decisions of the Courts and State of NY. Therefore, you should consult with a member of the New York Bar.
The business had been brought up to code and is a very busy working business AKA bar and grill.
answered on Mar 12, 2023
Much more information is required before a cogent answer can be given. Generally, government agencies have the power of eminent domain. However, very strict procedures must e followed and the property owner must be paid for the property taken.
Can a power-of-attorney (POA) add themselves as member to an existing LLC and joint owner of a bank account owned by the principal or are these acts a breach of fiduciary duty (e.g., self-dealing, embezzlement), in particular, if the principal was incapacitated during the change? The LLC in... View More
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answered on Mar 12, 2023
You are going to need to meet with an experienced corporate and civil litigation attorney to have all the necessary documents reviewed and be provided with your options. You can expect to pay for an hour of attorney time to review all the documents and then make a decision. With modern technology,... View More
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answered on Mar 14, 2023
Yes, unfortunately, it's legal - and quite common - that a condominium collects an initial capital contribution from new buyers. Sometimes, it's based on a month or two's common charges, or it can be a flat rate - like $2,500 sounds. You said they "made you" pay that fee,... View More
If it’s only me signing the purchase agreement as the buyer and I also only sign the deed, does he automatically get added to the deed due to marriage?
answered on Mar 6, 2023
As a buyer you do not sign the deed. Reading your question indicates that you have no familiarity with the process of transferring title. I suggest you retain an attorney with real estate experience.
He has never paid for anything. My debt to income ratio is not good enough to convince the lender to put the mortgage in my own name but I can continue to still pay for everything on my own. I am afraid that he will demand to be bought out or to be able to move back in whenever he wants. In 2019 I... View More
answered on Mar 5, 2023
Your question poses a number of complex issues which may involve litigation. I strongly suggest you make an appointment with an attorney who practices is experienced in relationship issues.
I live in an apartment building across the street from a government building. People constantly park in residents spots for the apartment building and run across the street to the government building. Property Management says us residents have to call the local police department and have the cars... View More
answered on Mar 4, 2023
Two issue. The first being is whether or not the landlord has posted the appropriate signage about improper parking. The second is whether the two lease spots are included in the lease. If so, you, you are entitled to quiet enjoyment. This places a burden on the Landlord's shoulders to monitor... View More
The house is located in a 55 and older co-op community in Ocean County NJ. My sister-in-law (who is a 50/50 beneficiary) had until August 10th 2021 as per the bylaws of the co-op to relocate. She has refused to pay anything or leave for 2 years. She is on probation facing new charges and is... View More
answered on Feb 15, 2023
The first issue is that you failed to indicate in which NJ county the property is located. The best solution would be to retain the services of a local attorney who has estate and landlord - tenant experience as there may be other choices in addition to ejectment such as a partition action.
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