So even tho I knew it wouldn’t b financially possible. Long story short I been at my residence for almost 4 yrs when I moved in it was inhabitable. Due to the fires there was no housing so I needed to take what I could for my children. So I made this place a home with countless hrs and tons of... Read more »
You need the help of an experienced real estate lawyer. The issues you raised go beyond a simple unlawful detainer matter. I suggest you contact a good real estate lawyer with experience litigating cases such as yours where your efforts made the property more valuable than at the time you commenced... Read more »
I was the live in caregiver for my mother who is buying a home in a 60+ trailer park. However, my mom passed away recently and now I am the heir to the property. The HOA has told me that because I am only 54 years old I cannot live in my house, I cannot rent it out to anyone whether they are 60+ or... Read more »
I believe the HOA may be correct. The Fair Housing Act exempts communities intended for people 55-62 or older to discriminate based on familial status. It appears that your mother’s trailer park caters only to residents who are over 60 years old. You have two options: either (1) find someone you... Read more »
I recently moved to California for a job, I submitted my application for taking over someone's lease. After two weeks of the application he told me that his visa (he is moving to some other country) got delayed and now he cannot rent it to me.
The problem is that I have spent countless... Read more »
If you can prove that you have been reasonably induced to rely on a promise that the other party made, you may file a “detrimental reliance” claim if you can prove that the reliance caused you to suffer some kind of a harm or loss. If you had the agreement in writing, you would only need to... Read more »
This is quite a broad question to answer. If you have specifics, it would be easier to identify if the loan may be void or voidable.
There are several ways to challenge the validity of a loan. If there are missing terms, such as the number of years to pay or the interest rate the lender... Read more »
If so what type and what is procedure? Thanks
Based on your question, I would have to assume that the property was owned solely by spouse and there was no living trust or transfer on death deed. And I also would have to assume that you had to go to the court to petition for probate and the court decided that the property passes solely to you.... Read more »
This question was posted under California, although you preface your inquiry by stating you (or xhusband??) are in Minnesota. From the perspective of California law, if it applies, the extent of the community's interest in the property is not based on whose name is on title or on the loan.... Read more »
The property ( Vacant Land Lot value under $30,000) has a few owners.
One of them has the property under Living Trust, he is passed away.
This person doesn't have a wife or children.
We can not get Trust documents of his Living Trust.
What would you recommend... Read more »
Unfortunately, you can't just give away property that belongs to someone else. Even if you tried, the County would never accept a Grant Deed that was signed by someone who is not authorized to give away the property.
When someone passes away and has a trust, the trust will say who... Read more »
In Humboldt County, California, my daughter and son-in-law are about to divorce. They haven't filed yet. My son-in-law would like to stop making his half of mortgage payments immediately (they have separate bank accounts), and receive what is thought to be his half of the current equity in... Read more »
Dear Property Split Questioner: Certainly a competent attorney could draft the Agreement that addresses the splitting of the equity in the house and the other particulars as to manner of division between these parties. However, the biggest challenge to the expressed "goal" of either/both... Read more »
I'm selling my home and the buyer backed out 1 week before close of escrow citing that market is cooling down so either we decrease our house price now or he wants to back out. no contingencies. so if we, as sellers wish, then we are entitled to all the initial deposit money that the buyer... Read more »
The simple answer is yes you can sell to another buyer if your current buyer officially backs out. The dispute with the current buyer is simple the cash on deposit. You will want to speak to your broker and a real estate attorney to have the proper demand letters and legal process taken.
He has owned this home for 30 years..we have been married for 4. Our community funds have paid the payments since the date of our marriage. If something happens to him and the deed says "unmarried', what will happen to my interest? As an FYI, I am not asking what would happen if we... Read more »
If community funds pay costs associated with the home, if you get divorced, you would likely be entitled to half of the increase in value from the date of marriage to the date of separation. If he passes away, the home will go to whomever he leaves it to in his Trust or Will. Side note: If he owns... Read more »
I live in California, but have a house in Puerto Rice. Is there a withholding of 15% to the IRS for the sale of my house for $400k
The IRS only requires 15% of the sales price be withheld on the sale of United States real property interests by foreign persons.
I've been living in my aunt's house for 2 years but she passed away and the house is in my grandparents name and they passed away a long time ago I've been in the house for 2 years and now family and code enforcement is trying to kick me and my family out they said we have 2 days to... Read more »
If your grandparents did not have a living trust, then the property must go through the probate process to change the title from your grandparents to their heirs or beneficiaries. In the alternative, the home will be sold through probate, and the proceeds of the sale will eventually be distributed... Read more »
We bought home in December and easement was stated in our paperwork. The neighbor has prior history of harassing previous owners and we thought we would be different by trying to create friendship but this is not the case. She is now harassing my son. How do I null this easement and create a drive... Read more »
Dear Easement Issue Owner: This issue is too "heady" for a brief reply on this forum. While we have MANY qualified attorneys whom participate in the JUSTIA system, I don't think any of us can make a thoughtful response to this issue without MUCH MORE information/documents/history.... Read more »
Grant deed or quitclaim deed and a preliminary change of ownership form. However, you could trigger reassessment of your property which could affect your property tax amount. So you may want to speak with estate planning attorney before you do anything.
My fiancé and I own a house together. We are splitting up. He wants to buy me out and said he would pay me for each month we’ve lived there. So I’ve paid $650 for 28 months so it comes out to $18,200. Is this the correct way to buy someone out? I’ve been researching and feel it should be a... Read more »
Yes, if you own the house jointly and it has increased in equity since buying it, you should ask for your 30% of the equity in the home. He may be offering to pay you for the months you've lived there to try and avoid having to give you your fair equity in the home. Of course, if the equity... Read more »
Tried to find the current owner and public records only show previous owner.
Cannot get in contact with property manager as they are not responsive to find the current owner.
The tree encroaches on the yard and overhangs towards close to our roof, littering it with leaves and... Read more »
You are completely entitled to trim the portion of the tree that hangs over your property. In fact, any tree hanging over your fence is your responsibility to trim/maintain, so you would not be permitted to seek reimbursement for the trimming cost from the neighbor. The fence is another issue, and... Read more »
Damages or are they liable for punitive, exemplary and other damages
Business disputes are generally not subject to punitive damages and this appears to be a bank loan to an LLC so it’s a business dispute. You will need to seek a consultation with a business attorney that can advise you after all facts are provided.
In our name only? They have not paid their half share of the purchase nor taxes since the early 80’s. I want full title so I can sell it. Currently not worth what we have paid in taxes over the years. What can we do.
you can ask them to relinquish their interest to you and if they dont then you can file a partition action and have the court order the property sold and funds distributed based on contributions and payments towards the property.
I can afford to not work. But a past employer wants me to work for them. Ideally, i want my taxable income to be as low as possible when i sell our house, correct?
If this home qualifies as your primary residence, you will qualify for a capital gain exclusion of $250k, if single, or $500k, if married. If this is an investment property, you may defer taxable gain by doing a 1031 exchange. There are also ways to change the characteristics of properties in... Read more »
Mess with hiring ATT.in Feb did not show for DJ. Plaintiff new i hired atty they t hearing July 2021 I did ca. I did not hear 1day ojust meet confir 90 days. I am disabled live bed can’t sit. Everyday same. I sent email, on 7/2 said any day 1 to 5. No response . 7/6 at 1 sent email from vet,... Read more »
to appeal is 60 days.
to file motion to vacate: California Code, Code of Civil Procedure - CCP § 663a- "Within 15 days of the date of mailing of notice of entry of judgment by the clerk of the court pursuant to Section 664.5 , or service upon him or her by any party of written notice... Read more »
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