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Indiana Real Estate Law Questions & Answers
1 Answer | Asked in Divorce and Real Estate Law for Indiana on
Q: Do both my ex wife and I need to sign as grantors of a quit claim deed to remove her from the deed?

Both of our names are currently on the deed. This is in Morgan County of Indiana.

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Jul 30, 2018

Your ex-wife could disclaim her interest in the property on her own, leaving you as the sole owner. She would still have to have a new deed drawn up showing that she transferred her interest in the property to you.

1 Answer | Asked in Estate Planning and Real Estate Law for Indiana on
Q: How much notice do you have to give a family member to vacate after a homeowner dies in Indiana?

My mom lived with my grandma, who recently died, for decades. The house was placed in a trust that is supposed to be divided between her and her siblings evenly. Her siblings now want to sell the home and are trying to kick her out immediately. I just want to know what her rights are.

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Jul 30, 2018

I am sorry for your loss. If your mother was living with your grandmother and your mother refuses to leave the property, she will have to be evicted. That means going to the local courthouse, filing with the appropriate court and getting a court date to obtain a court order granting the trustee... View More

1 Answer | Asked in Real Estate Law for Indiana on
Q: Can a LL change lease break from 1 mo. rent to 3 after I agree to proceed w orig terms? (nothing signed yet just emails)

Contacted 2.5 months in advance for lease break policy. Was informed I would have to pay fee equal to one months rent and all rent until new tenant moves in. I agreed to proceed, at which point I was told the leasing company had to get permission from home owner. They've received this... View More

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Jul 24, 2018

You should consult with a local landlord/tenant attorney. The best course of action is to document everything that has occurred, including all of your communications and the lease breaking policy in case this ever has to go to court. Until then, find a local landlord/tenant attorney and at least... View More

1 Answer | Asked in Contracts and Real Estate Law for Indiana on
Q: Can you sell a timeshare on contract? Can buyer handle maintenance fees while under contract?

Seller in Indiana, Buyer in Kentucky, property in South Carolina.

Michael Hales
Michael Hales
answered on Jul 19, 2018

Timeshare companies will allow the sale of the timeshare so long as it is paid in full. You execute a deed to effect the transfer on the public records AND you work with the timeshare company to effect the transfer on their records.

If the timeshare is not paid in full, the timeshare...
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1 Answer | Asked in Real Estate Law for Indiana on
Q: I bought a timeshare in Friday in Tennessee and I want out. What do I have to do.

I live in PA and the timeshare is in TN. I gave them $500 deposit and tried to call yesterday to cancel and he wouldn't listen to me. Of course I can't find any directions in the packet how to cancel.

Michael Hales
Michael Hales
answered on Jul 8, 2018

You have to follow the directions in the documents they gave you. If you have any questions about that, let me know.

1 Answer | Asked in Contracts and Real Estate Law for Indiana on
Q: Been living in same house for 6 years, past 2 years have not been presented a lease agreement. Do I keep paying rent?

Or do I just leave if an opportunity arise? All appliances are over 20 years old. Minus stove. Haven't provided much of any maintenance assistance. We installed 1000 dollars worth of new flooring and were reimbursed half?

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Jul 3, 2018

If you have not signed a new lease or officially renewed the lease by signing a new set of papers, that does not mean that you do not have a lease. Residential leases automatically renew for the original term and specifications of the contract if you continue paying in accordance with the lease... View More

1 Answer | Asked in Real Estate Law for Indiana on
Q: Can seller add addendum to the purchasing contract within 24 hrs closing? It is not in my favor so I will not sign.

I am purchasing this home for sale by owner. The owners do not live in state (Indiana). A member of their family is who I communicate with, and is also the one who is coming up with these addendums. He lives in another state. I think he is holding the signed, closing contract until I agree to the... View More

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Jun 25, 2018

If both parties have already signed the contract, it is too late to alter the contract unless both parties agree on the changes. If you believe that this member of the family that you are communicating with is acting in bad faith you may wish to contact the sellers directly to discuss with them the... View More

1 Answer | Asked in Contracts and Real Estate Law for Indiana on
Q: I signed a new lease in May 2018. I now have a new job out of state. Can I break the lease?

I have a new job out of state with a start date less than 30 days. I have the offer letter, the leasing office didn't want it and said I have to pay 3 months rent. Is this true/legal?

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Jun 21, 2018

Yes, you are obligated to fulfill the terms of your lease. It is a binding contract and you promised to live at the rented premises for the full duration of your lease. You are obligated to pay for all of those months that you agreed to live there for. It does not matter to them that you got a new... View More

2 Answers | Asked in Divorce, Family Law, Real Estate Law and Small Claims for Indiana on
Q: Divorced 5 years ago. Husband awarded house in decree with no time limit to refinance. Still in both our names.

Property deed is still in both of our names. He recently wanted me to sign a contract for people to buy it on contract however the mortgage company said that was a breach of our loan so I declined to sign contract for sale. I have since learned he had his lawyer draw up new contract for sale and... View More

Betsy Walits
Betsy Walits
answered on Apr 29, 2018

You would file contempt charges against him if your order states he needs to take the house out of your name. Sounds like he has bad credit now so you’d have to ask the Judge to order the sale of the house.

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1 Answer | Asked in Real Estate Law for Indiana on
Q: Can a homeowner sue me for damages. I did work for them hourly with them acting as GC. The work was done a year ago

I gave the homeowner original bid, which would include the work, material, all fees and permits. they rejected it. I offered to do the work hourly. They would be in charge of getting the permits and material, and anything else needed. So they were the GC of the job. I was paid strictly hourly. Now... View More

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Apr 27, 2018

The question really isn't whether or not they can sue, it is whether or not they would be successful. The bar to bringing a claim against someone is very low. If they can prove their case, they may be successful. If you want legal advice and representation you should consult with a local... View More

1 Answer | Asked in Divorce, Estate Planning and Real Estate Law for Indiana on
Q: How do I protect myself while buying a house before I file for divorce? All bank accounts are separated.
Betsy Walits
Betsy Walits
answered on Apr 23, 2018

You don’t. Having bank accounts separated is also irrelevant unless by agreement. Therefore, you can protect yourself by agreement only, no other method is foolproof. I would hire an attorney who would negotiate this with your spouse or wait until you have time to negotiate after filing.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Indiana on
Q: Signed a year lease a week ago,I ha e been living in the house since day one. I still do not have any water.What can ido
Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Apr 6, 2018

You inform your landlord verbally that you have no water and that it needs to be fixed immediately. If it is not fixed within a reasonable amount of time that you will consider the lease agreement to be void since he is violating the implied warranty of habitability by not providing water and that... View More

1 Answer | Asked in Civil Rights, Landlord - Tenant and Real Estate Law for Indiana on
Q: My landlord is doubling my rent after I quit working for him. Also has neglected to rid the house of pests. Can I sue?

I was supposed to be on a 5 year land lease. Putting half of my tax return into the property each year. He was my employer as well. I found a different job and he plans on doubling my rent. I have put money and a lot of time into this property. The property will NOT pass inspection. It is NOT up to... View More

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Apr 3, 2018

There's way too much going on here to get a quick answer over the internet. You need to consult with a real estate attorney in your area ASAP. You may have rights in the property based on the money you have put into it and from the terms of your agreement.

1 Answer | Asked in Real Estate Law, Estate Planning and Landlord - Tenant for Indiana on
Q: My dad was diagnosed with cancer & I moved completely in to help out. I am 27 and not on lease what happens if he dies?

I am trying to stay positive but also need to plan for the worst.

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Apr 2, 2018

If you are not on the lease you could be facing an eviction after your father passes away. Even if your father's home is your residence, if you are not on the lease the landlord has every right to move to evict you immediately.

This does not have to be the case though. The landlord...
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1 Answer | Asked in Real Estate Law, Landlord - Tenant and Municipal Law for Indiana on
Q: What are the dates a landlord must provide heat ?

I was told by my towns code enforcement that from oct til may 1st you must supply heat. Thank you for response

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Apr 2, 2018

There must be an adequate supply of heat for rental properties at all time in Indiana. Essentially, this means year round.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Indiana on
Q: I had a 1 yr lease with month to month after that. does the new owner have to give me a new 1 year lease at same price?

I have lived here for over 5 years. The first time the building was sold, the new owners gave me a new 1 year lease at the previous rate with a month to month after that. Now the new owner wants to make me move so he can raise the rent $200.

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Mar 27, 2018

No, the new owner does not. If you're month the month the owner can actually raise the price after each month (with one month's notice).

1 Answer | Asked in Real Estate Law for Indiana on
Q: My neighbor and I want to buy the vacant lot between us and split it between us. What is easiest way?

My half of the lot will be combined with my existing lot. Same for my neighbor. We are doing this to prevent development on the vacant lot. This is a rural area, these are 6 acre lots.

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Mar 27, 2018

No one is going to be able to give you a straight answer here without a full review of the details. Your best course of action is to consult a real estate attorney in your area to draw up a contract between the two of you and review your current lots and situation.

You can use...
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1 Answer | Asked in Civil Rights, Constitutional Law, Real Estate Law and Landlord - Tenant for Indiana on
Q: What is considered a reasonable time when showing a house (to potential buyers) that is occupied by renters? M-F? wkend?

what is considered reasonable? is a Saturday or Sunday morning at 10am a reasonable time for the real estate agents to show a property if said property is currently being rented? is it legal for the tennants to only allow that it be shown M-F only?

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Mar 26, 2018

Unless you stipulated otherwise in the lease agreement, you can basically show the house whenever you want, provided that you give advance notice and the hours are reasonable. Having a showing during normal business hours is perfectly acceptable, weekday or weekend. Be nice about the process and... View More

1 Answer | Asked in Real Estate Law for Indiana on
Q: We have a contract for deed that was to be paid in full on 12/12/17. Do we have right to terminate contract?

Purchaser has continued to pay, however, refuses to speak to us regarding obtaining his own financing. Condition of the property is also an issue.

Contract states:

In the event of the Purchaser’s failure to perform any covenant or condition contained in this Agreement, the... View More

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Mar 12, 2018

If you believe that the contract has been breached you need to abide by the terms of the contract. You linked what you need to do in case of a breach of contract. If you believe the purchaser is in default you need to give them their notice in accordance with the contract.

This is a...
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1 Answer | Asked in Real Estate Law and Probate for Indiana on
Q: Hello, we need to transfer a deed from my passed grandma to my father, what forms do we need to fill in indiana

we have 4 houses that are under my passed grandma, we need to transfer her name to my father name as soon as possible before anything happens to the houses. we need to know what information i need to fill in the state of Indiana to do this process, i have contact the county assessor but the wont... View More

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Mar 12, 2018

If your grandmother passed away and the houses were in her name only you are going to have to open up a probate estate to transfer them to your father. Once an executor or personal representative has been appointed it will be up to him or her to review your grandmother's estate and determine... View More

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