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We purchased the home not quite a year ago. Now he wants to split up after 8 years together. Both of our names are on the deed but the mortgage is in his name only. I want to stay in my house. I am not expecting him to pay the mortgage, I will pay it but the mortgage. He had the better credit so we... View More 
answered on Feb 5, 2023
Were you husband and wife going through a divorce or just purchased the home together while single? I would need this information to properly respond.
How is base price figured on inherited land?
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answered on Jan 23, 2023
TN does not have an income tax... If you live here, why are you worried about SC's income taxes? But heir will get a stepped up basis anywhere.
What happens with the partition during the redemption period of the delinquent tax sale?
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answered on Dec 6, 2022
Any Partition Action will be subject to the Tax Sale, which should have been part of the Partition Sale Order. Apparently the Partition Action is incomplete and erroneous. High tax bidder will ignore the Partition action.
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answered on Nov 25, 2022
Hire a competent SC attorney to search the title and determine ownership. File suit to Set Aside the Fraudulent Conveyance or sue to Quiet Title to your interest. Ejectment probably will not work, as any Tenant In Common can convey their lawful interest. At worst, file suit for Partition against... View More
The branches of a tree in our yard extend into a neighbor's yard space. The neighbor states that he would prefer not to pay a tree service himself to trim the branches.
answered on Dec 2, 2022
A South Carolina attorney could advise best, but your question remains open for three weeks. Until you consult with a local attorney for specific property law, the short answer nationwide is that one could be liable for damage their overhanging tree causes to a neighbor's property. Good luck
This is in rural Lexington county south carolina. Not Durham n.c. I pay the property taxes, the homeowners insurance, do all the maintenence, upkeep and many improvements to the home.
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answered on Nov 14, 2022
Yes she can force a Partition Sale.
The house has already been auctioned through the the court and the money paid to the courts and lawyers...and the surplus.... after ALL of it was paid has been ordered by the judge to be disbursed to me and only me... But where do I go to collect? Who do I need to speficially contact?
answered on Nov 1, 2022
You need to contact the person who conducted the sale of the property. This person may be called a Master, Special Referee, or Judge. There is a form you will need to file to claim the proceeds. The person conducting the sale may have the form for you to sign or you may have to obtain the form... View More
I want to put it on paper and make it official but not exactly sure how to write it out
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answered on Oct 17, 2022
How have you been given land? Will, Heir, Order of Court? Hire a competent SC attorney to search the Title, draft a Deed with a Derivation of Title Clause, and try to get it executed if it is an actual gift. Otherwise an Affidavit of Heirship might be recorded, with no Deed as ancestor is... View More
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answered on Oct 10, 2022
Hire a competent SC attorney to file an action for a Sale For Partition.
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answered on Oct 7, 2022
Hire a lawyer to draft the Deed. No title companies nor internet forms. Otherwise you will make a permanent mistake.
On the deed one person signed but 2 of her siblings were listed as heirs but did not sign the deed. Do the siblings have claim to that land?
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answered on Aug 22, 2022
You will need a competent SC attorney to read the Deed, and search the Title. But you probably were only conveyed the one signing grantor's interest, so that you are a Tenant In Common with the other Heirs. An Heirship Determination may be in order to see who has Title. Hopefully you did... View More
My grandfather passed away and my grandmother needs a new deed with my grandfather removed to purchase new home insurance.
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answered on Jul 31, 2022
Yes the NC attorney can draft a Deed. But I doubt Grandmother will be getting a new Deed, as survivorship probably determines Title here. You at least need an attorney to review the present Title if not search it.
Property was sold with out notification to heirs living on the property
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answered on Jul 18, 2022
Consult with a competent SC attorney to exercise your Redemption Rights quickly if you still have them. Time is of the essence. It will take money, or forget it as someone should have paid those Taxes.
The neighbors have a driveway to their property on the backside of their house. The easement is not granted in the deed. How do we go about keeping them from using the driveway that is on our property?
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answered on Jun 6, 2022
You need a SC attorney to search both Titles. The adjacent owner may have a Prescriptive Use Easement or an Easement By Implication, which might be provable in Court.
A man passed in Michigan where he and his wife were living at that time. He and his wife own land in SC worth $4,000. Does the land automatically go to her without filing probate in MI? His entire estate was less than $20,000.
The wife is trying to sell the land in SC but this issue arose... View More
answered on May 16, 2022
This is a question that depends on South Carolina law. A Michigan probate court does not have jurisdiction to decide matters regarding real estate located outside the State of Michigan. Other states could have a statute though that allows South Carolina to recognize ancillary probate proceedings... View More
His grandfather is paying a mortgage on the house my partner inherited, and he is threatening to foreclose on the home. What rights does my partner have? Will we be forced into homelessness with no further say in the matter?
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answered on May 2, 2022
Whoever owns the mortgage is the one the that can foreclose. If the notemaker buys the note, then he can foreclose. It sounds like he is threatening to quit paying the note. Being the executor probably has no relevancy here.
We rented a home with a dock on the inlet for the sole purpose of fishing and water activities but when we arrived, the dock had been torn down and under construction. There is no access to the water due to the construction material along the entire inlet wall. No communication was made to us... View More
answered on Apr 18, 2022
The short answer is probably yes. If a property is held out to you as including a dock, you have the right to be compensated if the amenity was not available to use. Of course, you will have to prove the difference in the value of the property with the amenity and without the amenity.... View More
The home is a probate estate home, whereas the tenant is the son (Executor) and heir. The home was willed to the son, but he says that the mrtg lender told him he has no rights to the home because he is not on the deed. Is this true?
answered on Apr 5, 2022
Yes. They can file the day before the auction. If the property was willed to the heir, then the heir has an ownership Interest in the property.
the seller. the deed was only signed by me and the seller there was no lawyer or notary present and i never recorded the deed. is it still valid? or did i get screwed?
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answered on Feb 16, 2022
You need to hire a SC attorney to examine your Deed and perform a title search, basically to see if you are the owner. Have you paid taxes? Hopefully you will need to record the Deed and pay property taxes. Otherwise you may only have a claim under color of title.
what happens when you do a QuitClaim Deed of property over to a Private Common Law Irrevocable Ecclesiastic Trust? If the person’s name is on the recorded Deed as owner… meaning legal owner of the property, having a legal interest in the property referring to the right to possess or use... View More
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answered on Nov 15, 2021
Transferring property to a trust does not magically remove security interests. If the loan goes into default due to lack of payment, the lender may foreclose its lien.
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