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Indiana Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Indiana on
Q: My husband owned the house before we were married if he died will I still be able to own the home?
Michael Ray Smith
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answered on Apr 18, 2014

I assume nothing has been done so far and the house is still entirely in the husband's name. In that case, if the husband dies, the house will pass to his heirs either under his will, if he has one. If dies without a will, the house will pass to his heirs according to the rules of intestate... View More

1 Answer | Asked in Real Estate Law for Indiana on
Q: If a spouse dies and both names are on the house, do the surviving spouse automatically own the house
Michael Ray Smith
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answered on Apr 18, 2014

Yes, usually, but it depends on how the deed reads. Usually, if the house was bought during the marriage, the deed will give the married couple a "tenancy by the entirety." If they bought the house before they got married, the deed will usually give them a "joint tenancy." In... View More

1 Answer | Asked in Real Estate Law for Indiana on
Q: What is the procedure to sell a house when a part owner does not want to sell in Indiana?

Mother sold house to her sons. One of the sons does not want to sell? Can we force him to sign the papers to sell house?

Michael Ray Smith
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answered on Apr 7, 2014

You should consult an attorney about filing a court petition to "partition" the property under Indiana Code 32-17-4.

1 Answer | Asked in Real Estate Law for Indiana on
Q: CAN I REMOVE A NAME FROM A DEED WITH A DEATH CERTIFICATE
Michael Ray Smith
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answered on Apr 2, 2014

I'm guessing that you are talking about property that was held in joint tenancy with right of survivorship. One of the joint tenants died, and now the property is owned by the surviving joint tenant. If that's the case, the surviving joint tenant can sign a document called an affidavit... View More

1 Answer | Asked in Real Estate Law for Indiana on
Q: Buyer pays cash for property. Property appraises under purchase price. Is buyer still bound to purchase?
Charles Snyderman
Charles Snyderman
answered on Nov 12, 2013

Yes, unless there is a contingency in the contract relating to the appraisal.

1 Answer | Asked in Real Estate Law for Indiana on
Q: How Long does someone have to take care of a piece of property before it legally becomes theirs in indiana

Don't have survey. Realtor told us she didnt know where property line were but guessed. Neighbors lied to me when first moved in where property lines were. Just found that out from friend showing me that i could view my property lines on the county assessor's page. Been living here almost... View More

Mr Jeffrey D Heck
Mr Jeffrey D Heck
answered on Jul 12, 2012

This is a question of "adverse possession." Time is only one element that you would have to prove in court in a Quiet Title action. Ten years under a belief that you own it with the proper owner having the ability to learn that you are possessing it are some of the key elements. Your... View More

1 Answer | Asked in Real Estate Law for Indiana on
Q: Do I need an attorney to petition a court to release funds being held due to the sale of land under imininet domain?
Mr Jeffrey D Heck
Mr Jeffrey D Heck
answered on Jul 12, 2012

No. It may save you a lot of time though. The attorney can do in an hour or two what may take you days to figure out.

1 Answer | Asked in Real Estate Law for Indiana on
Q: Do a married couple in Indiana has the same rights for property, such as a house? Can one spouse only decide to sell?
Mr Jeffrey D Heck
Mr Jeffrey D Heck
answered on Jul 12, 2012

It depends on how the last deed of record (meaning on file with the county recorder) reads. If it includes the words, "husband and wife," then, no, both spouses must sign because the property is a tenancy-by-the-entirety.

If the deed omits those words or says "joint tenants...
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1 Answer | Asked in Real Estate Law for Indiana on
Q: Neighbor's fence is on my property. I want it removed. Can I remove it if he doesn't? Survey completed.
Mr Jeffrey D Heck
Mr Jeffrey D Heck
answered on Jul 12, 2012

All citizens first duty is to maintain the peace. If you can do by telling the encroaching neighbor about your plans, and they consent. You can exercise your right. If the neighbor declines, you should seek a judge's intervention by a declaratory judgment describing your rights or an... View More

1 Answer | Asked in Real Estate Law for Indiana on
Q: Signed a 24 mo lease agreement on May 1, 2012. Approx. 5 wks later the owner had listed the house for sale. What next
Mr Jeffrey D Heck
Mr Jeffrey D Heck
answered on Jul 12, 2012

The rules of real estate are based on seniority of ownership interest. Often purchasers of rental homes want the tenant. The income stream enhances the value of the real estate as an income-producing property. If they do let you stay, they should ask you to sign a "certificate of... View More

1 Answer | Asked in Real Estate Law for Indiana on
Q: My septic system is not to code. Can i sue the people that built the home in 1968?
Mr Jeffrey D Heck
Mr Jeffrey D Heck
answered on Jul 12, 2012

Based on the statute of limitations, it is highly improbable. Written contracts have 10 year statute of limitations. Unwritten 6 years. It would require a non-contractual theory, which is more likely to have an even shorter statute of limitations, prohibiting filing your lawsuit.

1 Answer | Asked in Real Estate Law for Indiana on
Q: I am inheriting renters when I take title to a house soon. In Indiana, does a new owner have to honor existing lease?
Terrence Rubino
Terrence Rubino
answered on Jan 18, 2012

yes unless the lease says otherwise.

1 Answer | Asked in Real Estate Law for Indiana on
Q: What documents are required to leagally and lawfully complete a land contract purchase, what steps need to be done, ie.
Terrence Rubino
Terrence Rubino
answered on Jul 29, 2011

you should contact a real estate lawyer in the county where the purchase is. feel free to call our firm's ken wilk for a free telephone consultation. generally, as the purchaser you want clear title. this means you want the title company to issue title insurance. you will want a warranty deed.... View More

1 Answer | Asked in Real Estate Law for Indiana on
Q: Adverse Possession rights in Indiana?

I know in florida it's 7 years and pay taxes. Anyone know about Indiana? What are the details of "squatters rights"? or Adverse Possession. Do these laws still hold true?

Burton A. Padove
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answered on Jul 16, 2011

10 years

1 Answer | Asked in Real Estate Law for Indiana on
Q: Fence Placement - Property meets farm field - can fence be placed on the property line or does it need to be set-off?

There was a fence when we originally moved here 33 yrs. ago and we were told that was the property line. Fence was removed several yrs. ago and then 6 yrs. ago owner had land "surveyed" and said fence was 5 ft. off of property line and has put up stakes. Now this year he is taking out... View More

Terrence Rubino
Terrence Rubino
answered on Jul 1, 2011

having a problem with a neighbor is very frustrating. however the last thing you want is to have it escalate. your peace of mind is worth alot. it may be that the old fence was off line but since it is gone it shouldn't be an issue. re the trees, your remedy is to have your own survey but... View More

1 Answer | Asked in Real Estate Law for Indiana on
Q: Can my Neighbor legally have 2 fences up and not take care and weed either?
Terrence Rubino
Terrence Rubino
answered on Jul 1, 2011

if you live in a municpality, there probably is an ordinance about grass and weeds. the municpality will have a code enforcement officer. years ago when i was a civil referee in the hammond city court, it was routine for the city to bring code violations for grass and weeds. hope this helps

2 Answers | Asked in Real Estate Law for Indiana on
Q: A neighbor's tree fell on my home. Who pays to remove it and dispose of it properly?
Burton A. Padove
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answered on May 30, 2011

I would proceed in a way that will be quickest for you. File a claim with your homeowner's insurer. They will pay you promptly and go after your neighbor. the alternative is to contact the neighbor's insurer directly.

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1 Answer | Asked in Real Estate Law for Indiana on
Q: If apartments advertise as "55 and Better", why can they also allow children
Burton A. Padove
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answered on May 17, 2011

I am not sure what you mean by "55 and Better". However, all of the advertising material and leases would need to be reviewed in order to properly answer your question.

1 Answer | Asked in Real Estate Law for Indiana on
Q: Can my spouse get a 2nd morgage with out my signature with their name on first morgage
Mr Jeffrey D Heck
Mr Jeffrey D Heck
answered on May 17, 2011

If your name is on the property, it is theoretically possible but not typically done. There are too many problems in enforcing the mortgage with that split ownership to skip adding both spouses on the mortgage.

1 Answer | Asked in Real Estate Law for Indiana on
Q: Can you be sued for breech of contract 2 months after you move out and the property has since been sold

And owner is claiming in law suit that he cannot sell or lease propertyand there was a co-signor on the contract and owner never asked/offered/demanded that co-signor take over contract and is now suing both parties.

Burton A. Padove
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answered on May 16, 2011

If the property was sold, the owner can sue you for the difference between the sales price and what you agreed to pay, along with any additional expenses involved. I would have to read the contract before I could comment on the co-signor's obligations.

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