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When he gets angry with me he says I don't cause my name is not spelled out on the deed. He also tells me if we split up I'll be made to go back to the home I purchased before marriage although my son currently lives there.
answered on Sep 20, 2017
In North Carolina, a deed conveyed to a married person is presumed to be granted as a tenancy by the entirety to both spouses. This is the same if the deed says "to John Doe and spouse." If you were married at the time of the purchase, you likely have an equal right to the property... View More 
answered on Sep 18, 2017
A bedroom does not need to have a closet, but must meet certain other requirements more fully outlined in the residential building code.
answered on Sep 16, 2017
It's hard to give an answer based on your question. While contracts made with a minor are generally valid (although the minor can often void them unless ratifying them after turning 18), the contract would need to be made with your consent. If you are implying that your parents are planning... View More
My husband committed adultery and he thinks he has done nothing wrong, he is trying to sell our house, both names our on the deed, we have 2 cars both in his name, we have 4 children together, I have stayed put in our house, I truly believe we can fix our marriage and he refused to try, but I need... View More
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answered on Sep 9, 2017
He can up and leave and quite frankly that would likely be best for you, but if your name is on the deed, he can not sale the house without your consent. Your best bet is to consult with a local family law attorney ASAP. Best of luck.
answered on Sep 16, 2017
The notice requirement will vary depending on the terms of the lease. Many leases include a provision stating that a breach of the terms of the lease permit the landlord to file for possession of the home. Many also include a provision stating the notice requirements. If you have questions about... View More
The seller told my agent that the home had to be taken off the market due to some type of partnership settlement. However it is showing on every site as active. I had made an offer but they couldn't accept based on the reason they provided. It has been a month and it continues to show active.... View More
My house sold at public auction (foreclosure) yesterday, Sept 5th. The deed is in my wife's name and she abandoned the property about six months ago exclaiming that she wanted nothing else to do with the house and that I could have it as I am still in the house and don't want to loose it.... View More
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answered on Sep 6, 2017
If the house sold at public auction then likely the deed is no longer in your wife's name and the only way you will get that house back is to negotiate a purchase from the current owner. As to being legally separated - in NC there is no such thing as legally separated. You are simply either... View More
answered on Sep 6, 2017
Whomever the parties agree is responsible.
Generally, each party pays for their own attorney fees, however almost everything is up for negotiation. It's more important that each party agree who is responsible for these fees and adjust their offers accordingly than who is actually... View More
The plat filed in 1970 shows the commons. Developer folded and sold the commons in 1984 with no restrictions on deed. We are buying that land. Seller is providing quit claim deed because of recreation easement concerns by title insurance company.
answered on Sep 4, 2017
This question is too specific for someone who is not your attorney to answer, without raising a host of ethical and liability concerns.
You're making a massive investment in buying property. Hire a professional to review the situation before purchasing this property.
answered on Sep 4, 2017
I assume you're asking about LLC naming conventions, because that is the most common type of corporate entity formed to hold real estate for investment purposes. Many real estate investors form LLCs for each property and name the LLC after the street address of the property. For example:... View More
answered on Aug 29, 2017
It would be a good idea. I know of an instance in which some people tried to use documents downloaded from a legal self-help website in order to sell a house and take back a mortgage. The problem was that they downloaded an appropriate promissory note but didn't download a mortgage. So they... View More
I was told by the Fire Marshall that my landlord didn't have property insurance and I didn't have renters insurance. I lost everything in the Fire. Can I go after the landlord for not having insurance?
answered on Aug 25, 2017
Unless there is a written provision (which would not be typical) in the lease that requires the landlord to insure your property, it is your responsibility to maintain renters insurance. The landlords insurance would only cover the landlord's property.
I've handled all of her business and other financial issues during the past several years in this capacity as her health continued to decline.She passed prior to the closing date on this matter. Under these circumstances am I still allowed to complete this closing? Thank you.
answered on Aug 23, 2017
Powers of attorney are not valid once a person is deceased. At that point, the estate administration handles the person's assets. You will need to consult with an attorney that handles probate/estates for assistance.
answered on Aug 21, 2017
All negotiations that occur prior to the written contract are considered to be reduced to the written contract. Thus, since the written contract occurred after the emails, the written contract will likely govern. There is a possibility that a mutual mistake occurred and then the contract term could... View More
answered on Aug 16, 2017
You have until the last day through which you have paid rent. If you paid rent for August, then August 31, 2017 is likely your last day that you are legally entitled to possession.
tenants with rights of survivorship. We put his part into our estate and now the others are upset. In addition, years ago I was forced by my in-laws to sign a Memorandum of Understanding saying I would have no say in the beach house. Were we wrong to put his part into our trust? Our estate attorney... View More
answered on Aug 12, 2017
We both know why the rest of the family is upset...
Contact your attorney that advised this approach.
Justia's Q&A is not intended as a vehicle to request free legal research or provide legal advice.
She put $10,000 down I put 32,000 is there any other legal anything legally she can do to force me to sell the property I'm thinking of buying her out and making an offer so I can have clear title
answered on Aug 9, 2017
She can most certainly force the sale of the property if you failed to cooperate with her and come to an agreement.
I signed a contract with a developer and invested in a deal to finish a house. The contract states that if I am not paid, I can seize the house and/or seize assets to get my investment money + principal + fees. I would like to start this process. Can someone help me?
answered on Aug 10, 2017
Yes, use the Justia Find a Lawyer tool to locate a North Carolina attorney with real estate and construction litigation experience.
Like if I'm behind on rent and I didn't resign my lease what can the new landlord do
answered on Aug 10, 2017
If you previously signed a one year lease which has expired, you are likely a month-to-month holdover tenant. The landlord can give you notice that they intend to terminate your month-to-month lease. If you don't move out, the new landlord can then evict you. Alternatively, if you have not... View More
I will be traveling to overseas, and would not be here for the House Sale Closing
answered on Aug 10, 2017
Yes, you could hire a lawyer to represent you for the sale of a home. An alternative and probably a less expensive option is to have a lawyer draft a power of attorney document, appointing someone as your limited attorney-in-fact for the purpose of selling specific property. Then a friend or... View More
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