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answered on Apr 17, 2018
No to both questions but this can be done to protect the lessee.
answered on Apr 11, 2018
Lease agreements generally have some provisions which permit a landlord to "inspect" their property. Without reading the lease, I can't give a good answer. Read it yourself, and if you think the landlord is abusing your rights to privacy, and want to terminate your lease see a lawyer... View More
we live in oklahoma city we are not sure what to do wondering if we can take care of things without flying there
answered on Mar 29, 2018
Unless he had a trust you will probably need probate in the state where he owned property. You may be able to take care of things,or most of them, from home if an attorney is used.
I understand that in Oklahoma we would have to file a lawsuit to foreclose. If a judgment is granted in our favor as sellers, does the property have to be sold at auction or does that give us the right to retake possession?
answered on Mar 26, 2018
You are correct. A Contract for Deed is actually treated as a deed to the purchaser and a mortgage back to the seller. Because it gives the purchaser an interest in land the mortgage (contract for deed balance) would have to be foreclosed and sold at sheriff's sale. If it sells for more... View More
The property was deeded to the 3 in 2012. The one paying the taxes lives on the property. She has paid the taxes for the last 7 years and has lived on the property for since 2007.
answered on Mar 1, 2018
Here are the options:
1. Seek contributions of the other's fair share of the taxes & expenses; but they may claim that the occupant owes them rent.
2. Buy out the others interest.
3. A partition could be an options the the pros and cons are too many to discuss here.
Can I keep the fence I have? The board voted for me to remove it.
answered on Apr 11, 2018
Before deciding to "Stand your Ground" against the HOA, consult a local real estate lawyer about this issue. It will be much cheaper now to get a good answer, than later. If he believes you are correct, a letter from him to the HOA should settle the matter. Good Luck, and thanks for visiting Justia.
Expires 2052. Can I sell the land but keep the revenue from the current lease until 2052?
answered on Feb 26, 2018
Yes, it is possible to sell surface rights while retaining rights related to the wind lease/easement. However, the would require some special drafting in the contract and the deeds.
answered on Feb 12, 2018
Yes there are ways to make the property appear only in one spouse's name. There are good reasons for doing this or bad ones. It sounds like you are attempting to accomplish some form of asset protection. You should have an attorney advise you.
I take care of my eldest friend, who suffers with cancer. He wants to leave the house to where I take over the payments for the house for exactly what he owes for it. How?
answered on Jan 17, 2018
Sorry about your friend's issue. I'm assuming that your friend is not married. One way to accomplish this is with a Transfer on Death Deed. The property remains his until he passes. Once he does you have 9 months to file a claim form with a copy of his death certificate. This method... View More
I’m also being told that if I die without naming someone else on this Affadavit of Surviving Joint Tenant that the land will go to the state, which I can’t imagine. I have a will indicating that it would go to my 2 underage daughters. Thoughts?
answered on Jan 15, 2018
You can name your daughter as joint tenant, but it is probably not the best idea.
Once your daughter is on the title she as rights which will limit your ability to deal with the property. If you concern is that your daughtter's nherit the property once you are gone, you have several... View More
my wife was awarded the marital house in divorce the ex husband refuses to give it up. the deed is in her name alone.
answered on Jan 12, 2018
Easiest, cheapest, and fastest way is for her to go to the court clerk's office and file an eviction, called a forcible entry and detainer case against him in Small Claims Court. The court clerk will furnish the forms and answer her questions. She really won't need a lawyer, just... View More
She resides in other's are to supplement her income. She claims joint tenancy. Can she keep us from receiving the property left to us?
answered on Jan 9, 2018
Joint tenancy is not “claimed”. The titles to the properties needs to be examined as a starting point. You need to see an attorney.
I'm in oklahoma
answered on Jan 9, 2018
Yes. A joint tenancy can be severed. You don’t need a reason. This would not remove the other’s ownership interest. In other words both of you would own an interest A partition may be a better option.
answered on Jan 7, 2018
You are probably looking at probate. The estate might qualify for summary administration. Often these can be handled on a flat fee basis.
Buyers title company had set the date for closing on the 18th of Dec.
we found out the buyer had delayed approving the loan company to proceed from November 7th until December 7th. Once we realized the issue the 18th passed and she was in breach.
We signed 2 more extensions which... View More
answered on Jan 4, 2018
Not likely, most contractual terms do not survive the closing.
I am a registered sex offender and have told her and asked her repeatedly to not bring her kids around me but still does and has threatened me over it and she has moved in her boyfriend and neither paying me half of the bills and rent that was agreed upon. I want them out and don't know what to do.
answered on Dec 31, 2017
You can use the court to evict an individual on a verbal lease. This is done in small claims. See https://oklaw.org/issues/housing/landlord-and-tenant-problems?channel=know%2Dthe%2Dlaw&category=eviction
Girlfriend and I moved in with my Grandma to care for her in 2013. We got married and grandma changed will naming us as joint tenants. Grandma died in 2015. Ex filed for divorce 2017. Can Judge award her my grandma's home forcing me to quit claim for property still in probate that title to is... View More
answered on Dec 17, 2017
The property will be awarded to both of you. You might try to get the house sold in the probate court. Generally the house would be considered the separate property of each of you in the divorce. You should consult an experienced probate and family law attorney, for help with this problem ASAP.... View More
answered on Dec 19, 2017
That depends. You might have a claim for adverse possession if you have occupied it for 15 years. Paying taxes, in itself, does not bestow title upon you. I'm guessing that the property belonged to a family member. You may need to file probate to clear the title.
My husband ( who was divorced) and his sister owned property jointly back in the 80s. The deed said if either of them died, the property would go to the children of the deceased person. Later he married me and we have lived together for 25 years. He never thought to change the wording of the deed.... View More
answered on Dec 19, 2017
This is great question but to answer it an attorney would need to see the deed and know other facts. For instance, did you occupy the property as your homestead? You might be entitled to a forced spousal share, or a marital homestead. If the property is valuable consult an attorney.
answered on Dec 11, 2017
Your question seems to ask whether the type of deed impacts the ability to reserve a mineral interest (not given to the grantee). The answer is no, any type of deed can reserve a mineral interest. Also there is no requirement that there be a current lease in order to reserve a mineral interest.... View More
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