We live in an exclusive, "private" community. Our HOA managers and board allow the public to use our amenities (private lake, trails, parking areas, etc.) for free. There is signage saying "private, residents only - towing enforced", but there is no patrol, badge-checkers or... View More 
Many own one residence but several undeveloped lots. Our covenant reads, "property and/or lot owners will be responsible for maintenance and repairs of said items on the basis of each lot owner (including lots owned by the developers) paying a proportionate share calculated on the number of... View More
I purchased the house 3 years in 2008 before I married my wife. I recieved an inheritance and used the money to repair and pay off the house 2 years ago.
when I filed for seperation I left to visit family and friends around the country so she could find another place to live. She has since... View More
I am currently in a townhouse rental, and my lease expired on September 30th. My landlord asked me on September 2nd via text message, “ Forgot to ask- are you planning on renewing?” . To which I responded, “Yep!”. After that, I was never sent a new lease. On November 3rd, I let her know... View More
We signed a contract in March 2020. We were never told that there was not a final plat until October 2020. Our house was supposed to be completed in June 2021. The plat was not recorded until November 2021. This was in line with the Timeline that the developer gave to the town municipality, that we... View More
My wife and I divorced 8 years ago and my name is still on the house mortgage that her and her husband of 5 years lives in. I gave her the house and have not lived there for 10 years.
answered on Oct 30, 2023
Your divorce proceedings should have included an agreement for her to refinance the property, but they may not have. If they didn't you can request the bank remove you but they will likely refuse to do so.
A property owner owns a house in severalty prior to marriage. After marriage, the owner's new spouse moves into the house and pays half of the mortgage payment monthly. The ownership structure is now what?
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answered on Oct 27, 2023
Paying a secured debt does not gain title of the collateral. Hire a NC attorney to search the title and determine ownership.
I wanted to know if a single person owns their own home and a year or two later, they meet someone and get married. Are they considered tenants in common or tenants by the entirety?
answered on Oct 23, 2023
The person who owned the home prior to the marriage still is the sole owner, however, the spouse gains the right to claim a life estate on the house should the owner die.
Prior to marriage I did not sign free trader agreement or prenuptial agreement. The sell of the house took place in 2020 was undisclosed to me during that time. We are now divorced as of April 2023.
answered on Oct 19, 2023
All that you would have been signing away was your right to claim a life estate on the property in the event of his passing. That right was extinguished upon divorce.
I cannot speak to the laws of other states regarding marital property but the money he made from the sale might have become... View More
our primary residence siting "mailboxes are a significant cost to the HOA" Now I cant receive my mail. Is this legal?
answered on Oct 5, 2023
Unfortunately it is not possible to answer this question in an online forum like this with certainty. An attorney would have to review the covenants and rules of your HOA, which you agreed to be bound by when you purchased the home. We cannot review documents through an online forum. My general... View More
answered on Oct 2, 2023
You can request that the bank remove the spouse but it will probably not happen until after the ownership is transferred into your name.
My wife’s brother is the executor of the will. We are selling the house that I am making the mortgage payments on. The mortgage is in my father in laws name and the executor is demanding that all proceeds go into the deceased estate and he is entitled to 1/3 after he settles the estate using the... View More
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answered on Sep 22, 2023
You will need to post this under Florida real estate law.
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answered on Sep 18, 2023
Addressing ineffective HOA management companies and incompetent HOA boards in North Carolina involves a systematic approach. Begin by thoroughly reviewing the HOA's governing documents to understand the roles and responsibilities of the board and management company. Attend meetings to voice... View More
He left. I've filed for divorce and he's aware. He Kept asking me to move or sell, I said no. Someone told me my house just sold per Redfin. I checked and owner changed.
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answered on Sep 6, 2023
If you are actually an owner, then confirm it by searching the title. You may have to sue any new grantees. Husband's alienation of marital property should be brought up in the Divorce, possibly as grounds for contempt. Someone has to pay taxes and any note debt.
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answered on Aug 29, 2023
Do you have a Note and a recorded Deed of Trust? If you do, hire a NC attorney to accelerate the note and foreclose. If not, all you might do is sue for the note balance, then possibly collect against the land. Either way hire a NC attorney as you will get nowhere by yourself.
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answered on Aug 25, 2023
If there are 3 owners then 1 cannot convey the fee but only his interest. Hire a SC attorney to search the title, determine ownership, and draft an enforceable deed.
He refused to sell or refinance the house at the time of the divorce. Now his plan is to stop paying the mortgage but continue to live in the house for a few months then move to another state. Is there anything I can do in this situation?
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answered on Aug 21, 2023
In North Carolina, if your ex-husband plans to stop paying the mortgage on your jointly owned house and subsequently move, there are several actions to consider. Begin by reviewing your divorce agreement for any relevant clauses. Consulting a North Carolina attorney skilled in property and family... View More
About $20,000 of business property has been removed from my rental space. I’m late on my July rent and only received a notice from the landlord’s attorney about paying the past due amount. A formal criminal police report was filed on 8/20/2023.
answered on Aug 21, 2023
Hire an attorney; this amount is too large for small claims court, and I would not recommend representing yourself in district court.
My lease implies that electricity is not paid for directly by the tenant (in the utility addendum, electricity is not checked off, whereas the other utilities that I do have to pay are. Further, the "Special Provisions" section of that addendum reads, "If electric account rolls to... View More
answered on Aug 21, 2023
Hire an attorney to review your lease in full and they can give you specific advice.
Not legally as I have the deeds. Father is alive, Mother deceased. He is claiming squatters rights that he's living with my father over 2 months. Some lawyer told him can claim the property? Is this legal?
I have the deeds as my brother is an ex-con.
answered on Aug 17, 2023
You probably need to get an attorney to look at everything.
The physical deeds are just pieces of paper the only thing that matters is what is recorded in the register of deeds.
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