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Can my husband have me arrested or even trespassed from the house and property that I own SOLELY and have owned since before the marriage? I would assume I can come and go as I please to my OWN house and property?… he just keeps threatening to have me arrested if I step foot on MY property? Is... View More 
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answered on May 14, 2024
Is there an order from a Court preventing you from going there? If so then husband can have you held in contempt. If no, then he plans on setting you up for an arrest which gives him leverage. You may wish to sell the home, or file an action for possession against him. You must hire a NC... View More
She owned the house before she got married to the man, and they were only married for 3 weeks before separating. So the question is, if filing for absolute divorce, does she have to mention the house that she owns solely and has owned since before the marriage? It’s definitely separate property I... View More
answered on May 14, 2024
This is a question for her divorce attorney, but from a real estate perspective, yes, she is the sole owner of the house.
I purchased a building lot in a known subdivision from the developer of the subdivision in the City of WinstonSalem(North Carolina). After the contractor dug for the footing , the footing city inspector asked for a soil test. We hired a soil test engineer and we discovered the soil was not suitable... View More
answered on Jun 8, 2024
If the contract mentions nothing about soil, a question that might arise is why a test was not performed prior to planning foundation. One option could be to reach out to an attorney to discuss in further detail. Be prepared for questions to support your position that there was an issue of... View More
answered on May 7, 2024
From a real estate perspective, if you own the house, then yes, you have every right to use it. However, other factors may prevent you from doing this, such as court orders. I would advise speaking with a local attorney since this appears to be related to a divorce.
Wife bought house individually, but they were married. Several years later they executed a quit claim deed transferring title to joint tenets by the entirety; now, roughly 10 years after the quit claim deed they are selling. This Judgement is new. In order for new buyers to secure title insurance;... View More
answered on May 6, 2024
Thank you for asking the question!
Title insurance guarantee the title against the future claims (after the title is obtained). So, existing liens or claims are not guaranteed by title insurance. But, it happens that an existing lien or judgement can create future claims over title. In that... View More
closure process. The deed says that the trustee will get a 5% commission on the proceeds of a foreclosure sale. What will he be entitled to if I do get the deed in lieu of?
answered on May 3, 2024
By doing a deed in lieu, you are releasing your lien and will have to file a release with the register of deeds.
No foreclosure proceedings will commence, so the trustee will not be compensated.
It was never filed and the estate was never settled. Uncle had no debt. The son ( deceased heir) has outstanding income tax debt. The son’s criminal attorney has uncles will and refuses to release it to family. My mother and aunt (uncles sisters) are now closest living relatives and heirs to my... View More
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answered on Apr 30, 2024
Hire a NC attorney to probate Uncle's Estate. With Letters of Administration, you will be able to demand the will document, which then is administered by the Executor. You still might be the Administrator with Will Annexed. However the devise might not go to you, and you might be only... View More
Both my Federal and NC state tax is zero AGI. Can anyone help with ???
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answered on Apr 18, 2024
It's best to consult with a local tax attorney or the Iredell County Tax Assessor's office.
In North Carolina, the elderly or disabled property tax exemption (also known as the Homestead Exemption) is available to qualifying homeowners aged 65 or older, or those who are totally... View More
Under the HOA Declaration/Covenants/Bylaws an HOA is responsible for maintenance, repair and replacement of roofing. An owner is responsible for the walls inside their unit (Sheetrock, Paint etc). It rains and the roof leaks and the leak damages the drywall. It needs to be replaced and... View More
answered on Apr 17, 2024
I can't render a legal opinion on this without a full review of the bylaws and covenants, but your logic is sound.
The living seller had the title notarized that he had a copy of her death certificate. DMV said I needed to have her sign the title. She died in 2007.
answered on Apr 11, 2024
You will need proof that the deceased seller left their interest in the mobile home to the living seller. Such proof might come in the form of a right of survivorship, or a probated will, or a declaration of heirship, etc.
The service took place several years ago and I cannot locate my spouse (somewhere in NY, I think)
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answered on Apr 9, 2024
You may need to hire a NC attorney to file a Partition Action. The other owner's money might be held by the
Court until he claims it, and withdraws it by Order of the Court.
We have contracts in place and she hasn’t done anything to the project for over a year. I’ve requested my money back but she keeps avoiding me telling me she’s busy and she’ll get to it later on. Am I able to sue her for my money back plus the potential loss of revenue and my time being... View More
answered on Apr 1, 2024
I would have to review the contracts to advise you on your options, but I suspect that you have a case to force her to do something. Please get in touch with an attorney and have them review your contract.
Typically, you cannot get reimbursed for "sweat equity," but you should have other options.
Mother and her daughter had joint ownership of a parcel of land in Swain County,NC. The deed states Daughters name "AND" the Mothers name as owners. The Daughter as passed away but has children. Would the Daughters 50% portion of the land ownership automatically go to her living children... View More
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answered on Mar 30, 2024
You have not stated the exact granting and habendum clauses, and have not searched the title. But assuming only what you stated, the Daughter's issue take her issue as tenants in common with the Mother. Have a NC check the title to determine ownership and encumbrances.
My ex-husband and I share ownership of a property in Wake County, North Carolina, which serves as a secondary residence for both of us. Following our divorce, we had a signed agreement stipulating that he would buy out my share within two years for much less than it was worth. However, it's... View More
answered on Apr 1, 2024
Contact an attorney and ask about a "Petition to Partition"; be sure to show them a copy of the agreement. Hopefully, the agreement will no longer be enforceable, and you can get half of your interest out of the property, especially since real estate values have significantly increased... View More
He asked me to meet with his Estate planner regarding the plans for his will. He mentioned on having the deed solely under his name so it wont be hard to divide his estate between me, his kids, grandkids and great grandkids. We've been married for 9 years and we are living in a $600,000k... View More
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answered on Mar 19, 2024
Hire your own attorney for advice. The titles to all real properties need to be searched. More than likely you will not want convey away your estate in the house.
I put mobile home under contract with a rent to own buyer with owner financing agreement. Contract states (as is) what you see or don't see is what you get. Buyer calls me and says the electric is not working in the living room & 1 of bedrooms as they were operating during and after Reno... View More
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answered on Mar 31, 2024
Based on the information you provided, it seems that the buyer may have a case against you, despite the "as is" clause in the contract. Here's why:
1. Implied warranties: Even with an "as is" clause, there are implied warranties that the property is habitable and... View More
the proceeds from the sale of the house?
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answered on Feb 27, 2024
When a property is co-owned and one of the owners passes away, the distribution of their interest in the property depends on how the deed is titled and the laws of the state in which the property is located. If the deed was held as "joint tenants with right of survivorship," then upon the... View More
I want to start dropshipping cheap manufactured homes from chinese websites but I wonder if I need a liscense, LLC, ect to legally operate the buisness. Any insight?
answered on Feb 12, 2024
You can likely do this as a private individual. However, I would highly recommend forming an LLC to give you some legal cover. You should also have an attorney draft a contract that makes it very clear you are disclaiming as many warranties as possible regarding the condition of the homes. There... View More
Ex husband and wife completed a bench trial for a Breach of Contract Suit. The contract was an executed notarized separation and property settlement agreement. In the agreement, wife received the house (was quitclaim deeded to wife and notarized). In exchange, the husband received all the... View More
answered on Feb 12, 2024
I don't see a reason why not; a sale would likely be held up regardless if the closing attorney is doing their job properly. But a list pendens seems proper here.
I gave my married daughter a rental property that I owned for 45years…will the IRS accept a real estate market analysis as the value on a 709 form? Can the tax value be used?
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answered on Feb 5, 2024
When determining the value of a property you gave to your daughter for reporting on a 709 tax form, it's important to follow IRS guidelines accurately. While a real estate market analysis can be a helpful reference, it might not be sufficient on its own.
The IRS typically requires a... View More
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