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Connecticut Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Connecticut on
Q: My mom and died 8 months apart, the House was in both their names. My mom hand wrote a will specifying my brothers

Could live in home as long as they want, then sisters,also heirs could sell house. It’s going through probate, now the state of Connecticut sees three heirs that owe money, $80,000,14,000,,12,000,they told my brother they want house sold to get the money. What can we do to avoid paying these... Read more »

Anthony M. Avery
Anthony M. Avery answered on May 20, 2020

Your problem lies with filing for Probate. That was not required. Hire a competent attorney to see if the Probate Proceeding can be Dismissed, which is doubtful.

1 Answer | Asked in Bankruptcy, Estate Planning and Real Estate Law for Connecticut on
Q: Ex spouse died .i as the ex husband have name in title and deed if home .no will .no one has come forward to claim.

I want to walk away from this problem bcuz i cannot pay the mortgage.can i walk away from this home?the house cant get sold because she died without will .i just want to walk away and not deal with this .what are my options.

Timothy Denison
Timothy Denison answered on May 8, 2020

Quitclaim then house to the mortgage holder and walk away.

1 Answer | Asked in Real Estate Law for Connecticut on
Q: If I purchase a plot of land with debt on it, can I be responsible for this debt?

I’m buying a small plot of land for a very cheap price, I’m looking to see if there is some sort of catch that can cause me financial burden

Anthony M. Avery
Anthony M. Avery answered on Apr 30, 2020

If the real property is just deeded to you, then you take the tract subject to whatever encumbrances are on it. But as long as you do not assume or guarantee any debts on the plot, then those encumbrances are only against the land and are not your personal obligation. However any liens, taxes,... Read more »

2 Answers | Asked in Real Estate Law and Probate for Connecticut on
Q: ex wife died .no will .divorced .my name on the title and deed to home.she has older children that never lived with us .

do i have sole ownership as tenant in common?

Nina Whitehurst
Nina Whitehurst answered on Apr 27, 2020

If you were awarded the home in the divorce, then you would be the sole owner. If she was awarded the home in the divorce, then her estate is now the sole owner. If the divorce ordered you two to own the home 50/50 after divorce, then yes. The home will need to be probated and the probate court... Read more »

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2 Answers | Asked in Real Estate Law for Connecticut on
Q: My father left land to my brother and I and we've had it listed at a price that was too high to sell for nearly 2 years.

We need to relist it. My brother says that financially he doesn't need to sell it and wants to list it for a price that is $60,000 higher than the price it was already listed at. A new, potential listing agent has indicated it would be unlikely to sell it at such an exorbitant price and... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Mar 24, 2020

You may be able to file a partition action to get the court to order the sale of the property and distribution of the proceeds.

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1 Answer | Asked in Probate and Real Estate Law for Connecticut on
Q: Who pays on the estate during Probate? Mortgage and insurance? The heirs? I live in the probate estate

I live in my fathers house. He moved to NC. I've been here 5 years+. He was paying the mortgage and insurance until he passed. Now, because I live here is it fully my responsibility to pay these funds during probate? There are 4 heirs.

Nina Whitehurst
Nina Whitehurst answered on Mar 9, 2020

The answer depends on who is going to inherit the house. It is they who need to pay the carrying costs. If they don’t pay those expenses out of pocket the estate can advance them if the estate has the liquidity to do so, but eventually they get charged to whoever inherits the house.

1 Answer | Asked in Real Estate Law and Tax Law for Connecticut on
Q: In Conn., are there taxes that have to be paid upon inheritance of Real Estate?

My husband is concerned about a tax he says he will have to pay upon his parents death in order to inherit the real estate they are leaving him in their will. I live in North Carolina but have not had any experience with the inheritance of Real Estate and so have no idea what he is referring to and... Read more »

Linda Simmons Campbell
Linda Simmons Campbell answered on Mar 2, 2020

If the estate is worth more than 2.6 million dollars then he will need to pay estate taxes.

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... 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... 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... 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 »

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