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Connecticut Real Estate Law Questions & Answers
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 »

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... 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... 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... 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 »

1 Answer | Asked in Probate, Real Estate Law, Estate Planning and Landlord - Tenant for Connecticut on
Q: Is it possible to enter a rental agreement (lease) for a property that is in probate?

It should be noted that the beneficiary - in this case, the deceased's wife, wants to rent it out. The property is in probate bc it was only in the deceased's name.

T. J. Jesky
T. J. Jesky answered on Sep 24, 2018

Short answer: Yes, it is possible.

Probate can tie-up a property for a long period of time, and it may be financially impractical for the property to remain unoccupied during that time.

The court will generally appoint an estate executor or personal representative. This...
Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Connecticut on
Q: How does one remove a 'life-use' clause from a real estate quit-claim deed?

Our grandmother died in 2003, having previously (1988) signed a Quit-Claim Deed giving her house to my brother, reserving life use for herself. She had no assets when she passed other than the 'life use' clause; we neglected to probate her will (out of ignorance) and now cannot locate the... Read more »

Christopher H. McCormick
Christopher H. McCormick answered on Apr 3, 2018

Unfortunately the only way to get rid of the life use is to probate your grandmother's estate. An estate tax return reflecting the full value of the property needs to be filed with the probate court and a certificate releasing the estate tax be issued and recorded. This terminates the life use... Read more »

1 Answer | Asked in Real Estate Law for Connecticut on
Q: My friend has a house in CT that he bought with someone. She ran off, can't find her. How can he get her off of Title?

She disappeared many years ago, has never paid a dime for the mortgage, utilities, taxes, insurance or repairs, and when she was found, refused to do anything. This is so unfair, and I feel really bad for him. Please help!

Andy Wayne Williamson
Andy Wayne Williamson answered on Mar 13, 2018

If the property is in CT your friend need to speak with an attorney in that state. The laws of CT will control the situation.

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Connecticut on
Q: my father passed away in 76 with no will. and owned a home with my mom.. she sold the house .. are we entitled to money?

my father passed away in 1976 without a will. My mother stayed with the home and raised us in.. she recently sold the home . my question is are me and my siblings entitled to any monies from her selling the house.

Ben F Meek III
Ben F Meek III answered on Jan 12, 2018

The answer depends on how she owned the home. Most likely, she and your father owned the home as Joint Tenants with Right of Survivorship. This would mean that both of them owned the entire interest in the property equally and entirely, so when your father died, she would have remained as the... Read more »

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