Get free answers to your Real Estate Law legal questions from lawyers in your area.
apparently I was late a few days for 4 consecutive months last year on my HOA dues. I was unaware of this. They now charge me a $10/mo late fee for those late fees not paid...totally $130
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 2, 2024
Under California law, an HOA typically has the authority to charge late fees for overdue assessments. However, there are limits to how much they can charge, and there may be specific rules outlined in your HOA's governing documents that you should review.
In general, an HOA cannot... View More 
My mother in law purchased a home and placed her son(Victor) on the deed as joint tenant. He was unaware of this until she told him 8 years later at which point he moved in due to financial problems. Their relationship broke down, over money of course and she then put HER 50% share into a trust... View More
answered on Feb 2, 2024
Without seeing all of the documents I cannot say for certain, but based on the information you have provided, unless there is some other restriction or agreement that limits Victor's right to sell his half of the property, he is allowed to sell his half without your mother in law's... View More
My mother in law purchased a home and placed her son(Victor) on the deed as joint tenant. He was unaware of this until she told him 8 years later at which point he moved in due to financial problems. Their relationship broke down, over money of course and she then put HER 50% share into a trust... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 2, 2024
In California, when property is held as joint tenants, each co-owner has an equal and undivided interest in the property. This means that both your mother-in-law and her son, Victor, each own 50% of the property. Victor cannot unilaterally sell the property without your mother-in-law's... View More
My mother in law purchased a home and placed her son(Victor) on the deed as joint tenant. He was unaware of this until she told him 8 years later at which point he moved in due to financial problems. Their relationship broke down, over money of course and she then put HER 50% share into a trust... View More
answered on Feb 2, 2024
People can only sell what they own. So, if someone owns 50% of a home, that person can ONLY sell 50% of the home. If both 50% owners are living in the home, both would see the "For Sale" sign in front of the home, which would be a clear indicator that something's wrong.
The... View More
It says squatters can eventually own your house after 5 years of being on the same property and you have to file eviction notices for any squatters? Was this law made to protect “squatters”? Or were people labeled squatters by the population and got injustices against them?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 1, 2024
The origin of California's squatting law dates back to the Gold Rush era in the 19th century when land disputes were common. It was not specifically designed to protect squatters, but rather to provide a legal framework for resolving land ownership disputes and to prevent unjust evictions.... View More
I'm trying to keep my dad's house in the family and I make enough money to make sure the $900/month mortgage payment is paid. How do I continue to keep it in my family?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 31, 2024
To keep your father's house in the family after his passing, you'll need to consider a few important steps. First, determine whether your father had a will or any estate planning documents that specify his wishes for the property. If there's a will, it should outline who inherits the... View More
I text owner several times. Each time he not care told me I should call the Sheriff if I have any complaints. The renter has been taken to jail for harassing me and the sheriff has been called about them several times by several different people. The renter has threatened to kill me and slit my... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 31, 2024
Under California law, the concept of "quiet enjoyment" applies primarily to the relationship between landlords and their tenants, not between neighbors or between a tenant and a neighboring property owner. However, you may have grounds for a lawsuit based on nuisance law. A nuisance... View More
For the Declaration for Default/Uncontested Judgment. I have been told by the county of contra costa where i have filed that it may take 6 more months to reach verdict. We do not have kids and do not have any assets/properties to divide. I am planning on buying a home soon and i want to know if... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 30, 2024
In California, properties acquired after separation but before the divorce is finalized can sometimes be considered separate property. However, this can depend on specific circumstances and interpretations of the law. Since you separated in 2022 and plan to buy a new home before your divorce is... View More
For the Declaration for Default/Uncontested Judgment. I have been told by the county of contra costa where i have filed that it may take 6 more months to reach verdict. We do not have kids and do not have any assets/properties to divide. I am planning on buying a home soon and i want to know if... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 30, 2024
First, the soonest your divorce can be final is 6 months from the date your husband was served. Meaning that if he was served recently, the courts 6 months time frame for finalizing your divorce really is not significant. If that's not the case, and the court clerk is telling you it's... View More
estranged son for approx 11 yrs who is co-tenant on the deed, title, of my home. he will not remove himself from title and I would like nothing more to have him removed. We have not talked or been in each others company for 11 yrs.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 30, 2024
Under California law, removing a co-tenant from a property title can be complex, especially if the other party is unwilling to voluntarily relinquish their interest in the property. The most straightforward method is through a voluntary deed transfer, where your son would sign a quitclaim deed or a... View More
estranged son for approx 11 yrs who is co-tenant on the deed, title, of my home. he will not remove himself from title and I would like nothing more to have him removed. We have not talked or been in each others company for 11 yrs.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 30, 2024
In California, removing someone from the title of a property, especially in a situation where the co-tenant (your estranged son) is unwilling to cooperate, can be complex. As co-tenants, both parties generally have equal rights to the property. If your son is not agreeable to voluntarily removing... View More
My sister is trustee of the trust, I have not seen the trust but I know about it because my mother told me. My sister and I don’t talk, but she has not performed her duties in distributing the trust
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 29, 2024
Under California law, as a beneficiary of a trust, you have certain rights when it comes to the administration of the trust. If the trustee, in this case, your sister, is not fulfilling her responsibilities, there are steps you can take to address this issue.
First, you have the right to... View More
Do I have the absolute right to partition such a property?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 29, 2024
Under California law, property acquired after the date of separation is generally considered separate property, not part of the marital estate. This means that if you purchase a property after you and your spouse have separated, it is usually seen as your own separate asset.
However, there... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 26, 2024
In California, you can add a family member to a deed under joint ownership, and subsequently transfer your portion of the ownership into a living trust. To add a family member to the deed, you would typically use a grant deed or a quitclaim deed. This process involves preparing the deed, ensuring... View More
answered on Jan 26, 2024
Assuming you are the sole owner of the property, you can add whomever you'd like to your property. But beware, it may impact your property taxes. Double check with your accountant, so you understand the consequences of transferring real estate during your lifetime. It's often better to... View More
answered on Jan 26, 2024
If you're the sole property owner, adding someone to your California property is feasible, but it's essential to be mindful of potential impacts on property taxes. It's recommended to consult with your accountant to understand the ramifications of transferring real estate during your... View More
The city municipal code says it is unlawful to occupy any camp car or trailer for living or sleeping purposes in the city. If it's being used for storage only is that a violation? The code enforcement officer said it's a violation to occupy it, and stepping 1 foot into the trailer is... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 26, 2024
In California, local municipal codes often regulate the use of RVs within city limits. If your city's code prohibits occupying camp cars or trailers for living or sleeping purposes, using the RV strictly for storage should not be a violation of this particular code. However, it's... View More
Bought it for 260,000, and sold it in 2024 for 1.3M. Her husband passed 7 years ago. She is 64 and only has income from SS at 24k a year. Lives in CA. Is it true that if she earns less than 47k in 2024, 44k in 2023 she will not have to pay any capital gains from the sale of her principal... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 25, 2024
Under federal tax law, when selling a principal residence, an individual can exclude up to $250,000 of capital gains from their income if they meet certain conditions. Since your sister-in-law has owned and lived in the house for more than 2 out of the last 5 years, she qualifies for this... View More
As a power of attorney, I initiated the sale of my aunt's house. I did so because she was racking up bills while residing in a nursing home. She had a stroke around May 2023 and now needs 24hr care. The house was sold to a friend of hers in which they had a written notarized agreement. The... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 24, 2024
No, it is highly unlikely the cousin can reverse the sale at this point. Here's why:
- You had valid power of attorney authority when you initiated the sale, signed agreement, and executed grant deed to sell the house. Your actions carrying out the sale appear authorized under the POA... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 24, 2024
Under California law, it is advisable to have a sublease agreement in place when one church is renting space to another, even for as little as 3 hours per week and a 40% share of the church. A sublease agreement will clearly outline the terms and conditions of this arrangement, including the... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
