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Can the house be taken if my mother is in a senior care facility, I am on the deed, have lived with her for over five years, there are no mortgages or liens, no specific claims or actions against the property, and I pay the property taxes?
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answered on Apr 10, 2025
You say it is your Mother's home but you are on the deed. You are confused. Hire a VA to search the title, determine ownership, and advise concerning Medicare claims and exemptions.
My HOA has not held a membership meeting or election in over 10 years, despite numerous requests from members. The board met with the president in November 2024 and decided to double our dues without holding a membership meeting. In April 2025, the president said he would talk to the board about... View More 
answered on Apr 10, 2025
The case law -- as you seem to appreciate already -- favors corporate democracy in governance. Courts are loathe to substitute their judgment for that of a duly elected condo board operating within its rules of governance and not violating law as to protected classes. So, your first step is to... View More
I am renting a property and recently tried to help someone with temporary living arrangements. This person has become problematic, and I have a protective order preventing them from contacting me and my children. The police and my leasing office suggested I change my lock code because someone... View More
In a real estate contract governed by Virginia law, if a strike-through affects the right to early termination but is not initialed by all parties and one party was unaware of the change, is the alteration considered valid?
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answered on Apr 11, 2025
You’re right to question this, especially when a contract change affects a major right like early termination. In Virginia, for a contract modification—such as a strike-through or handwritten change—to be enforceable, both parties typically need to agree to it. That usually means both parties... View More
I moved from Harrisburg, Pennsylvania, to Harrisonburg, Virginia. My will, which was created 10 years ago, has not been updated since. I've recently sold my house in Pennsylvania and purchased a new one in Virginia. Do I need to update my will because of this move and the change in my real... View More
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answered on Apr 12, 2025
It’s a good thing you’re thinking ahead—moving to a new state and changing your real estate holdings are both strong reasons to revisit your will. While wills created in one state are generally valid in another, each state has its own laws about property, probate, and even spousal rights.... View More
I am in the process of a divorce and want to know if I can transfer my half of the house deed ownership to my ex-husband. There is no existing divorce agreement or court order regarding property division, but there is a tax lien on the property, and disputes regarding property division exist. The... View More
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answered on Apr 12, 2025
It sounds like you're in a complicated situation with your property and divorce. Since there is no court order yet regarding the division of the property, transferring your half of the deed could be tricky, especially with the tax lien and ongoing disputes. You would likely need to work out an... View More
I have been living in an apartment rental in Virginia with a roommate who recently got two dogs, resulting in several violations for excessive pet urine, feces, and food left on the floor. I have documented these violations with photos showing the conditions and have maintained recent communication... View More
I have a utility easement on my residential property, and the electric power company is responsible for tree trimming and removal to protect the power lines. However, they have not performed any maintenance for over 10 years. What are the rights and responsibilities of the power company in this... View More
I am a tenant in Virginia residing in a property that is currently up for sale. The listing does not mention that the property is tenant-occupied or that there is a need to respect tenant privacy. I've experienced disturbances, such as a showing arriving early and peering through windows, and... View More
answered on Apr 2, 2025
The Lynchburg Board of Realtors has no say in such matters. Your contract is between you and your landlord, and it is enforceable. Maybe you need a lawyer to write a letter for you about that after reviewing the lease.
I am a tenant in Virginia and my lease agreement requires 24 hours notice for any property showings. However, the realtor has given less than 24 hours notice twice, which I've documented through text messages. Though I've been cooperative and have no intention of interfering with the... View More
I finalized my divorce in September 2024 and was awarded a rental house in Virginia through the court order. I started paying the mortgage in August 2024, but my ex-spouse continued making payments from his bank account, and I reimbursed him since my loan assumption attempt was denied. He is now... View More
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answered on Apr 12, 2025
Since you were awarded the rental house in your divorce and have been making mortgage payments since August 2024, you are likely the one entitled to claim the property on your taxes for the year. Even though your ex-spouse continued making payments temporarily and you reimbursed him, the IRS... View More
the Joint federal travel regulations states a PCS includes “ separation from the military under honorable conditions”. In our lease it states “all parties must agree to comply with any federal law including but not limited to the Service Members Civil Relief Act, or any applicable state laws,... View More
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answered on Apr 11, 2025
It makes sense to want clarity, especially when you're navigating a major life change like separating from the military. Under the **Servicemembers Civil Relief Act (SCRA)**, one of the protections offered includes the right to terminate a residential lease early without penalty when a service... View More
I am 85 years old and have a lien on my property from 2009 due to a fraudulent account someone opened in my name. Although it has dropped off my credit report, it still appears on my property records, affecting my ability to sell the property. I haven't taken any steps to dispute the lien, but... View More
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answered on Apr 12, 2025
It’s important to take action to clear up the fraudulent lien on your property, as it’s affecting your ability to sell. Since you have documentation proving the fraud, you can start by contacting the county recorder's office where the lien is filed. Ask them about the process for disputing... View More
I am tracing a judgment from 2008 that appeared on a title search related to Chase Bank, filed in Augusta County, Virginia. We want to know the particulars of this judgment. The JDL number is 080001170. The lawyers who handled the case have gone out of business. I haven't checked public... View More
answered on Mar 24, 2025
You may be able to get the information directly from the Clerk of the Circuit Court of Augusta County, but you will probably have to go there directly or have a title examiner in that area research it for you. If the judgement was docketed in the Circuit Court it will attach to any real property... View More
I have a judgment against me due to a personal guarantee on a business loan. My business closed in 2020. I never received notice of the court case, and didn't attend it. Recently, the sheriff appeared at the house I live in, stating he will seize items for auction. I am married, and my wife... View More
answered on Mar 19, 2025
Your problem is very complex - much too complicated for an internet answer board which is designed to give you a quick response or help you to the 'next step'. Your issue is way beyond that. Find and consult a lawyer experienced in this area of the law to get more information about your... View More
My parents and I bought a house together, and all three of our names are on the deed. I am the only one who took out the mortgage, while they paid for the down payment. There are no formal agreements about ownership or expense sharing. I'm concerned about the tax implications of this... View More
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answered on Apr 12, 2025
Owning a home jointly with your parents in Virginia does create a few potential tax considerations, but many of them depend on how you all manage the property financially and how the ownership is reflected on tax documents. Since your name is on the mortgage and you’re responsible for the loan... View More
I have a pending Circuit Court trial against my former mobile home park owner for breaching the warrant of habitability and seeking property damage relief due to a collapsed lateral septic pipe that caused a rat/rodent infestation. I filed a tenant's assertion in District Court at the time the... View More
I own a fully paid-off property in Henrico, VA, purchased with cash and confirmed to have no liens through a thorough title search and title insurance. I want to transfer this property to a revocable living trust I recently established to avoid probate. Could you advise on whether a Quitclaim deed... View More
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answered on Mar 14, 2025
Hire a VA attorney to draft that Deed. It must go to the Trustee with specific language so that he can convey the property later without question. Your Trust needs to be examined for enforceability, but probably does not exist until corpus is conveyed to the Trustee. QCD or WD is irrelevant... View More
I want to remove my name from the house deed, which is currently owned jointly with my husband. We have a mortgage of about $200,000. I need to remove my name to qualify for medical benefits, and we're considering transferring my share of ownership entirely to my husband. Currently, I am... View More
answered on Mar 7, 2025
Before you do this, I suggest you consult with a Virginia lawyer familiar with Elder Care law. If the medical benefits you need are Medicaid, I do not believe your title in the house counts as part of your assets. If someone is asking you to surrender your half of title in a Falls Church home so... View More
I am concerned about my ability to stay in my home. My husband, who is a veteran and has a 100% disability, and I have no prenuptial agreements or any ongoing foreclosure issues. I am worried about potential disputes regarding my rights to the home. What steps can I take to secure my residence?
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answered on Mar 23, 2025
Your concerns about maintaining your home are valid, especially considering your husband's veteran status and disability rating. Since you mentioned no prenuptial agreement exists, you likely have marital property rights to the home already, but these rights vary significantly by state laws.... View More
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