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Connecticut Real Estate Law Questions & Answers
1 Answer | Asked in Landlord - Tenant and Real Estate Law for Connecticut on
Q: can i quiet a title if i was awarded the property in a divorce but my ex wife quit claimed it to a third party?

i was awarded our marital property in a divorce but my ex wife quit claimed it to a third party. who thinks and feels they own the property but we both have a recorded deed? how can i quiet their title? or what course of action do i take

Linda Ann Subbloie
Linda Ann Subbloie answered on Dec 3, 2019

I would need more information to provide a good answer, for instance, when did your ex wife quit claim the property to the third party and under what circumstances. Furthermore, I am assuming you did not sign the quit claim deed to the third party. If not, then your wife may have only quit claimed... Read more »

1 Answer | Asked in Real Estate Law for Connecticut on
Q: Should we pursuit abandonment or Summary Process if utilities are turned off and Section 8 is not paying as of 09/30/19?

Original Section 8 tenant died and son moved in to take care of kids. He was supposed to sign up with Sect 8 did not complete process. He moved and took kids with him a couple months now. No notice to owner. No response to Sect 8 letters. Electric and gas are off. Sect 8 made last payment for... Read more »

Max Lavit Rosenberg
Max Lavit Rosenberg answered on Oct 30, 2019

If the owner/ or last tenant has vacated and taken all of their things and given notice of their leaving, you should be ok to move forward with renting the unit. However, you would be well advised to contact a landlord/ tenant attorney for further elucidation and information. Please feel free to... Read more »

1 Answer | Asked in Real Estate Law for Connecticut on
Q: Would 15 year period restart if ownership changes?

My neighbor has been using a portion of my land (mowing, gardening, etc.) for well over 15 years. They never claimed adverse possession. I never attempted to stop them using the land, because we are good neigbors. They are selling their house and mowing away. Will the 15 year period start all over... Read more »

Christopher H. McCormick
Christopher H. McCormick answered on Sep 24, 2019

From your description it does not sound like your neighbor's use of the property was open, hostile and notorious as required by CT statute and you gave permission to your neighbor to use the land as they did. Also doe not sound like they would support a new owner's claim that this continuous usage... Read more »

2 Answers | Asked in Real Estate Law and Tax Law for Connecticut on
Q: I was wondering how a federal lien in ct for his unpaid corporation employee taxes is filed on a marital property .

I never have been involved in business , not aware employee taxes not being paid, nor this would make him liable( us liable)

D. Mathew Blackburn
D. Mathew Blackburn answered on Sep 20, 2019

Employment taxes are the personal responsibility of any responsible party.

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1 Answer | Asked in Real Estate Law, Family Law and Probate for Connecticut on
Q: My husband bought our house in his name prior to us getting married. Would I have rights to it as wife if he dies?

My husband bought our house in his name prior to us getting married. We have not added my name because we want to use my name to qualify for fha loan. Will keep home so investment property shen we eventually buy new home. As the wife, even without my name on the property, do I have rights to it in... Read more »

Nicole M. Camporeale
Nicole M. Camporeale answered on Aug 29, 2019

That is a common question. If your husband died, the house would pass through his estate. If he has a will that says you get all of his assets, you would get the house after the Probate process is complete. If he does not have a will, the house and all other assets will pass to his heirs at law.... Read more »

1 Answer | Asked in Real Estate Law for Connecticut on
Q: Is an executors deed necessary in CT or is affidavit pursuant to CGS 49-12 A enough?

Property passed via will to the decedents children. An affidavit regarding real estate was recorded pursuant to CGS 49-12A, but there is no executors deed. Is an actual deed necessary, or is the affidavit enough?

Nicole M. Camporeale
Nicole M. Camporeale answered on Aug 29, 2019

In order to transfer real estate from one person to another, a deed is always required. When transferring property out of a testate estate, an executor's deed is used to transfer the property to the beneficiaries, and is recorded on the land records. Additional Probate documents are also required... Read more »

1 Answer | Asked in Real Estate Law for Connecticut on
Q: Can I bring a 'quiet title petition' to a Ct. court similar to small claims court? Is there a form?

Is this best left to a lawyer?

Max Lavit Rosenberg
Max Lavit Rosenberg answered on Aug 8, 2019

This is definitely best left to a lawyer. It is not the most complex aspect of litigation that you might attempt to tackle, but if you want this done properly, do not represent yourself. There are plenty of firms, including my own, that have experience and interest in pursuing this type of... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Connecticut on
Q: I'm a holdover tenant in an apt in CT. My landlord proposed a lease addendum. If I sign it, will I still be a holdover?

The original one-year lease ended in 2012. I would like to keep my month-to-month tenancy. The proposed addendum does not include any language about timing/terms.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 30, 2019

In most states a "holdover tenant" is called a "tenant at sufferance"--which means you can be evicted at anytime--even without notice. However, if you are still paying your rent on a month=to-month basis, the law would probably allow you stay for at least 30 days from the date of written notice to... Read more »

1 Answer | Asked in Real Estate Law for Connecticut on
Q: In CT, how do you remove a lien that was filed more than 4 months after the court judgement?

The lien was filed more than 3 years after the judgement.

Nicole M. Camporeale
Nicole M. Camporeale answered on May 6, 2019

Pay off the judgment lien either directly or sell the property and pay the lien upon the sale. Then you will get a release of lien to record on the land records. That's how they get released.

1 Answer | Asked in Real Estate Law for Connecticut on
Q: Is a real estate lien (in Connecticut) valid if it was filed 3 years after the court judgement?
Nicole M. Camporeale
Nicole M. Camporeale answered on May 6, 2019

There is no limitation on the amount of time it takes to place a judgment lien on property. Judgment liens are valid for 20 years.

1 Answer | Asked in Real Estate Law for Connecticut on
Q: Is it absolutely necessary to have a lawyer for the seller for a house closing?

House is owned (No Mortgage) and selling to Son.

Nicole M. Camporeale
Nicole M. Camporeale answered on May 6, 2019

There are many reasons why having an attorney is an essential part of a real estate transaction. Mainly, the deed that transfers the house to your son is a legal document that needs to conform with statutory requirements and be notarized/signed by an attorney, to be legally valid. The attorney will... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Civil Litigation for Connecticut on
Q: I wasnt allowed to submit a police report as evidence in a civil case. Judge said it wasnt "certified". What is?

I couldn't afford an attorney, I filed a civil case pro se. The police report was the "smoking gun" and had the facts. The judge would not allow it as evidence because it was not "certified". I contacted that police department, they are unaware of what a "certified police report is". I spoke with a... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 3, 2019

Welcome to the world of civil litigation, where having a skilled trial lawyer often makes the difference between losing and winning. Teaching point: Regardless of what the official document is, "the smoking gun" notwithstanding, most courts will not allow introduction of any document (because it is... Read more »

1 Answer | Asked in Real Estate Law for Connecticut on
Q: If a foreclosure does not show on the credit reports must/should it be included on a mortgage application?

A little over 2 years ago my wife & I filed bankruptcy (chapter 7) following a foreclosure. After 2 years of credit rebuilding we are now thinking of buying a town home. We now live in Ct, the foreclosure was in Fl.

Max Lavit Rosenberg
Max Lavit Rosenberg answered on Feb 4, 2019

You would be well advised to answer all questions honestly to avoid fraud.

1 Answer | Asked in Real Estate Law for Connecticut on
Q: If a foreclosure does not show on the credit reports must it be disclosed when applying for a mortgage?
Max Lavit Rosenberg
Max Lavit Rosenberg answered on Feb 4, 2019

You must absolutely fill out your application honestly. If you do not, you may be liable for fraud.

1 Answer | Asked in Real Estate Law and Family Law for Connecticut on
Q: I a year ago me my ex and my grandmother we bought a home and we brokeup so i would like to know how can i take him out

Of the deed and the mortgage because im having problems that he does not want to cooperate

Nicole M. Camporeale
Nicole M. Camporeale answered on Jan 15, 2019

There is no way to remove a joint owner from real property without them agreeing and signing a deed to transfer it to you/your grandmother. If he will not cooperate, my advice is to consult a family law attorney to see if they can advise how it might be possible to force a division of the property... Read more »

1 Answer | Asked in Consumer Law, Real Estate Law and Landlord - Tenant for Connecticut on
Q: I have some questions about a couple general statutes in CT

I'm in a dispute with my landlord over shared metering in CT. He doesn't not provide us with a split bill, and cannot prove how much electricity we use. According to CGS § 16-262e, he should be liable to pay for the electricity. As far as I know he doesn't have a PURA certified sub metering system... Read more »

Nicole M. Camporeale
Nicole M. Camporeale answered on Jan 15, 2019

Please advise what your question is specifically in order to receive a helpful answer. Thanks!

1 Answer | Asked in Real Estate Law and Tax Law for Connecticut on
Q: It was just determined yesterday that our property assessment (house) was being taxed on a structure size that was drawn

on the assessor's card as being approx. 400 sq. ft. larger than the actual house size. Based on 12-60 are we entitled to a reimbursement of the past three years?

Nicole M. Camporeale
Nicole M. Camporeale answered on Jan 15, 2019

Contact the town assessor's office to ask this question of the assessor. The property should be reassessed. If it was incorrect they may answer that question for you.

1 Answer | Asked in Estate Planning and Real Estate Law for Connecticut on
Q: 2 names listed on title but manner in which title is held is one name SOLELY

I recently refinanced my home and required a cosigner since I lost my job due to disability. My mother was listed on the closing documents as a borrower. On the Loan Application it states under “The title will be listed in what names: Theodore xxxxx, Elvira xxxxx. The next box states, “Manner... Read more »

Nicole M. Camporeale
Nicole M. Camporeale answered on Jan 15, 2019

From the facts you've provided, it seems as though your mom is a co-borrower on the loan/mortgage but is not a co-owner of the property itself. While this is beneficial for you, it is less beneficial for your mom. I would recommend consulting with the real estate attorney that handled your... Read more »

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