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My landlord is suing me for damages. I received my bill of particulars but only estimates no receipts can the judge rule in the plaintiff's favor without any proof that is what she paid?
answered on Sep 29, 2022
You have to defend the lawsuit. If you allow a default to be entered, you're done.
My aunt and I own a home together. I live there. She never even goes there. She gave the police permission to search inside without my permission and opened the door for them when i wasnt there. Is this legal in virginia? This is my mailing address, I reside there. Not her. Was this illegal at all?... View More 
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answered on Sep 20, 2022
You say she is a part owner of the home, so it sounds like it is probably a good search. If you have a signed lease entitling you to sole possession and she has no right to possess/enter/inspect then maybe you have something to base that claim on but it seems unlikely.
We have an agent, he has an agent, and a title company. We purchased title insurance.
We are concerned with the potential legal and financial ramifications that could come from this.
We have a repair addendum that will not be able to be done. Can we ask for an escrow of funds for... View More
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answered on Sep 12, 2022
At least the seller, and probably his agent, knew he was looking at a murder charge, so he decided to sell and run. You might want to walk away from this as the victim's next of kin might file a wrongful death action and set aside any transfer of assets. Consult with a VA attorney for... View More
We were all served paperwork stating that the property would be auctioned off to pay what's owed and we would receive the difference. A couple weeks after the auction date I contacted the law office in charge of the sale to see how much the property sold for. I was told it didnt go to auction... View More
answered on Sep 8, 2022
Wow. You probably did a very stupid thing by not stepping in. In a foreclosure, the secured and foreclosing party will bid as much but not more than what is called the upset price. That is the amount they are owed after fees and expenses. In a very hot market, especially with all the many varieties... View More
I have 2 siblings, both of which had separate judgements paid off by the estate when we sold the family farm. The siblings along with myself were listed as co-owners of the estate when my dad passed, so the judgements had to be paid before any funds from the sale were released. I shouldn't... View More
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answered on Sep 8, 2022
Take the net proceeds of the sale and add back the amounts of the judgements that were paid, then divide that sum by the number of equal shares. Each beneficiary’s share is that quantity less the amount of judgements paid on his or her behalf.
Also, VA property code must be added the claim. Additional statement must include language that communicate if a party dies what happen to the property.
answered on Sep 6, 2022
It depends on how the three grantees will take title/ownership. But, most importantly, you need a lawyer to draft the deed to make sure everything is done properly.
My 6 siblings and one will not get out for me to sell the house in virginia. What can I do without having to go through probate
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answered on Sep 2, 2022
Without Probate, the Will means nothing. Any of the Heirs as Tenants In Common can file a Partition action.
He has already been pre qualified and both will be on the deed but only my dad will be on the mortgage
answered on Aug 14, 2022
You need to consult counsel before anyone signs an offer on a home. Depending on the circumstances, it might be possible to contribute funds to the purchase, but I don't know what "brother dad" means; I can't determine from your question who is on the deed and who is on the... View More
My parents told me they wanted to leave me their house when they both past away. I sold my house and moved in with them. One year later my father pasted away and not even 2 months later my mom said that she wasn't going to leave me the house because she had 3 other kids to think about. Is this... View More
answered on Aug 14, 2022
Almost all contracts are verbal, either oral (spoken) or written. A last will and testament requires certain formalities, as does a revocable or irrevocable trust. Both must be in writing and signed. In spite of the absence of a written will, trust, or contract, in some instances a court can... View More
I bought my listed 5 bed 3 bath home in Jan 2021 . Everything has been great but had a plumbing issue and found after septic people came out and plumber that it has a 2 person max occupancy. It was never disclosed to me . Only reason it has come to light now is that we had the issue of water... View More
answered on Jul 31, 2022
I am sorry to hear what you just learned and the possible consequences. You might have a recourse against the seller, the seller's agent, your agent, or ask the title insurance underwriter for help. But, without a lawyer reviewing all the relevant documents who can then provide proper advice,... View More
She has been writing rent on her checks and not mortgage.
answered on Jul 31, 2022
You need to see a lawyer who will learn more about the arrangements and understanding between you and your girlfriend, then advice, counsel and provide options. Or, it could be as simple as a memo on the check "for rent only".
Not a legal advice nor a an attorney-client... View More
I currently have my brother and his family residing at my home in preparation for me to leave on deployment since my spouse refuse to take care of the house. My brother is the POA for me while I'm away, however do I need to have additional documents saying I allowed them to live there.... View More
answered on Aug 8, 2022
You should provide to him a document expressly authorizing him to stay in your house to care for the same.
Here's some old Virginia law: "One joint tenant, co-parcener, or tenant in common, although he has a right to the possession of the whole against strangers, cannot make a... View More
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answered on Jul 15, 2022
Hire a VA attorney to file an Action for an Accounting.
The divorce settlement states that she gets the house only once she can obtain a loan. So can I refinance the loan in any way before she takes it over in order to get some money out of the house? Or will I need her to sign anything?
answered on Jul 31, 2022
See a real estate lawyer, show the PSA and title and loan documents. Then, the lawyer can outline your options and how to proceed.
Not a legal advice nor any attorney-client relationship.
Hi i have a rental property in Virginia. The tenant has moved out after the lease completed. They did not do a wakthru. There is mold and appliances have been abused. the repairs are more than the deposit amount. they are refusing to pay. what are my options.
answered on May 23, 2022
You can ask politely and be ignored; or you can document the evidence, send a demand letter, and sue.
answered on May 5, 2022
Property that is acquired by gift or inheritance during a marriage in Virginia starts as separate property in equitable distribution. This is an exception to the general rule that property acquired during the marriage and before the last date of separation is presumed to be marital property, no... View More
Is it possible to just have spouse added to va loan once married or are the only options: refinancing and adding them, doing a gift deed or quite deed? Mostly curious about having then added to the deed and not necessarily on the mortgage
answered on Apr 26, 2022
My first thought is "WHY?" Why would you want your (new) spouse to become legally responsible for a loan that you, individually, qualified for. You don't need to.
As for adding your (new) spouse to the title to the property, it's fairly easy and any real estate lawyer... View More
Shouldn’t they have a shut off valve on their property? Since the property was recently sold or in process of shouldn’t this be remedied? Easement in question.
answered on Apr 21, 2022
The only way to get a competent answer to this is to review the deeds and the survey. If I assume that the water cut off is in the utility easement, then the utility has the permanent right to access that cut-off on your property within their easement as often as needed. The cost of changing that... View More
My sister-in-law advertised my husband's land for sale without his knowledge or permission on a Facebook Online Yard Sale with her name and contact info. She is not a real estate agent, and has never held a real estate license and has no ownership interest in the property. She also told a man... View More
answered on Apr 11, 2022
You are going to need a WV lawyer, and I am only licensed in Virginia as well as DC and Maryland. Nevertheless, you can't sue for damages unless you are damaged, but your husband can give her a proper notice to stay off the land if he owns it and she does not. As to unlicensed advertising of... View More
Or declaration of heirs. 24 houses have been constructed and no one wants to pay Crim, up to $30k owe.
How do I begin this journey to obtain what is mine?
answered on Apr 7, 2022
Property generally does not descend as you are anticipating. There is generally no right to a specific 1.5 acres or $30,000. What you have — assuming you are a common co-tenant of the whole by descent— is the right to partition or to sell in lieu of partition. That requires a settlement or a... View More
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