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Kentucky Real Estate Law Questions & Answers
1 Answer | Asked in Elder Law, Estate Planning, Family Law and Real Estate Law for Kentucky on
Q: When the will is executed, am I able to buy out the home for 2/3 of the market value using the inheritance $

I am set to be 1/3 heir of my grandfathers estate. Guardianship of my grandfather was recently granted to his friend, who also happens to be the eventual executor of his will. He was placed in an assisted living facility, and his home is currently vacant.

I was hoping to he able to move... Read more »

Timothy Denison
Timothy Denison
answered on Sep 25, 2022

No. The rental and the sale both will have to be at full fair market value in order to preserve your grandfathers estate. You may be able to rent it and buy it later, but they will both have to be at fair market value.

1 Answer | Asked in Contracts and Real Estate Law for Kentucky on
Q: Can a seller back out of a sales contract for the sale of a home?

We signed the contract a week ago. I am the seller and want to back out. The home is set to close in a couple of weeks.

Timothy Denison
Timothy Denison
answered on Aug 23, 2022

Yes, but you may be liable for returning the deposit if any. Your sales contract should spell out the penalties for canceling the sale.

1 Answer | Asked in Contracts and Real Estate Law for Kentucky on
Q: I have a boat title that has been signed by the previous owner and notarized. When I took the title to the clerks

Office to have it transferred they told me that the previous owner filed for a lost/duplicate title and that the title I have is not good. Is that perjury on the previous owner because he filed for a lost title after selling the boat?

Timothy Denison
Timothy Denison
answered on Aug 19, 2022

Perjury is false sworn testimony. This is fraud and you have been defrauded by the seller.

2 Answers | Asked in Contracts, Real Estate Law and Probate for Kentucky on
Q: If there are three beneficiaries that inherited a farm to split equally, can it be sold with out all three agreeing?

My father passed away in 2020 living myself and my two sisters as beneficiaries. During the probate process all his assets were divided out between us and the real estate was stated that we all three own it. Last week my sister's put the real estate up for sale without my knowledge. I do not... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Aug 2, 2022

They cannot sell without your signature. However, if you refuse to cooperate, they can bring a partition action against you to force a sale, and that will be very expensive, and the court fees and costs will come off the top or might even possibly be charged to you.

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1 Answer | Asked in Estate Planning and Real Estate Law for Kentucky on
Q: If someone passes away does their co-signer inherit the mortgage of their home or does their estate have to pay first?

Would that debt off the top as part of the deceased debt or be pushed over to the co-signer?

Timothy Denison
Timothy Denison
answered on Jul 16, 2022

Both the estate and the co-signer are still liable for the mortgage. From there, it Depends on whether the co-signer wants the property and is willing to finish paying the mortgage. Also depends on how title was held to the property. Lastly, if no agreement is reached, the court will simply... Read more »

2 Answers | Asked in Family Law, Real Estate Law and Domestic Violence for Kentucky on
Q: If my wife invited her parents to our house that we both own. Can I legally say you are not allowed in my home.

My wife’s father has called and threatened me physically. He has now done this for the second time now. Both my wife and my names are on the mortgage.

Nick Curtis Thompson
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Nick Curtis Thompson
answered on Jun 20, 2022

If you are not feeling safe and he is threatening you, then you must prosecute the father as fully as possible. Get a restraining order if you need to. If she does not allow you to feel safe or threatens you, you need a divorce. This is no longer a healthy relationship; you are no longer... Read more »

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1 Answer | Asked in Native American Law and Real Estate Law for Kentucky on
Q: I have rights to mineral land and Indian rights as well and I have no idea what to do

My mother was at least half Cherokee Indian and she was born in Menifee County Kentucky to A.R. in 1939. My half sister still lives on the land and she always refuses to give me any information

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jun 15, 2022

You would need to re-post your question under Kentucky since the property is located in Kentucky. The laws are different from state to state. Unless the land is tribal land and your mother was a registered member of the tribe or there is some special law in the State of Kentucky regarding Native... Read more »

1 Answer | Asked in Real Estate Law for Kentucky on
Q: I live in Kentucky and am in the process of buying a home via land contract.

We are using the owners attorney to draft The contract. Is it normal for there to be buyers protection for fire, foundation falls in or any other uninhabitable disaster? I haven’t met to review but I would like to know if something catastrophic happened I wouldn’t be paying for a home I can’t... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Jun 13, 2022

A land contract is only a lease with option to buy. So you will not own anything until you get a Deed. The lessee is never protected in such a contract.

1 Answer | Asked in Consumer Law, Copyright, Real Estate Law and Municipal Law for Kentucky on
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That means we will miss him..3950mhz

Timothy Denison
Timothy Denison
answered on Jun 7, 2022

What is your question?

1 Answer | Asked in Real Estate Law for Kentucky on
Q: A transfer deed was made for an acre of land with a with a first right of refusal clause.

The grantee then transferred the deed to someone else without honoring the FROR. Does this make the new deed void.

Anthony M. Avery
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Anthony M. Avery
answered on May 11, 2022

No but there is a serious cloud on the Title. It might be cured by a Quit Claim Deed from the optionee to the present grantee. Your grantor may have breached a covenant of title.

1 Answer | Asked in Real Estate Law for Kentucky on
Q: I have purchase a house last year was unaware of any deed restrictions or covenants nor was told by the seller oragent

I was going to build a garage on back of the property hire company got permits pour the 24'x40' concrete slab two day after that neighbor came over and told me that we have restrictive covenants so i stop the project.

I dont know what can i do at this point.

Can the... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Apr 29, 2022

Initially you need to hire a competent KY attorney to search your Title. Carefully review any Restrictive Covenants, and determine what can be built without violating them. Remember it is up to others with a legitimate interest (and thus Standing) to sue you for an injunction. You might... Read more »

1 Answer | Asked in Real Estate Law and Probate for Kentucky on
Q: Can I deed a piece of property to my brother immediately after my wife's death if she did not have a will?

My wife and I had a piece of property in both of our names. If she died without a will, can I immediately deed it to someone or does it have to go through probate. If it didn't go through probate, will the deed be legal if I did it anyway?

Timothy Denison
Timothy Denison
answered on Apr 28, 2022

You really need to speak with a probate attorney before you transfer anything. If the deed was held as joint tenants with right of survivorship, you probably can but you need to make sure there are no adverse ramifications if you do.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Kentucky on
Q: We bought land in Ky and was not informed about a cell tower or easement leading to it. What can I do?

Cell company will not pay royalties and say a road splitting our land is an easement. None of this is on our deed.

Anthony M. Avery
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Anthony M. Avery
answered on Apr 5, 2022

You must search your title first, then the tower's. If no conveyances or easements are found benefitting the cell people, then hire a very competent KY attorney to sue for Ejectment, Trespass, Breach of Warranties, amongst other causes of actions. The road may be a Prescriptive Easement... Read more »

1 Answer | Asked in Real Estate Law for Kentucky on
Q: 3 of 4 joint owners are deceased. Does the survivor have sole ownership or do heirs of the other 3 jointly own with him?

Property in Kentucky is in the name of the original owner, who died in 1993 without a will. None of her children lived in Kentucky. Taxes have since been paid by three of her four children, the last of whom died in 2021. Her one surviving child has never paid any of the taxes. By Kentucky law, who... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Mar 23, 2022

You need to hire an attorney to determine Heirship and execute an Affidavit of Heirship. More than likely the surviving child is a Tenant In Common with the Heirs of the other deceased siblings.

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Kentucky on
Q: Does leaving your spouse a house in a Will also include all the acres (farm) attached to the house, it's all on one deed
Timothy Denison
Timothy Denison
answered on Mar 15, 2022

One would have to see the deed to properly answer this question.

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Kentucky on
Q: My mother died without a will. I was named Administrator for her estate in January. We have an offer on her house.

Do I need to go to court to get permission to sell? Do I have to wait a certain time frame to sell?

Timothy Denison
Timothy Denison
answered on Mar 7, 2022

Yes. You must get permission from the court to sell the property. The court will set the time for all sale actions.

2 Answers | Asked in Divorce, Family Law and Real Estate Law for Kentucky on
Q: Temporary exclusive order

I left our home because it was toxic, all my things are still there. Just talking between the 2 of us I told him I’d let him have the house, but I wanted whatever the court decided was my “portion”. He went behind my back and I just got sent a “temporary exclusive use and house... Read more »

Anna Aleksander
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Anna Aleksander
answered on Feb 26, 2022

If you say he went behind your back you may have grounds to file a motion to set aside this order if it is an order, you say it is a letter is it only a demand from his lawyer or an order signed by the judge? You can file a motion to reconsider/set aside 10 days from the date of the order. You... Read more »

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1 Answer | Asked in Real Estate Law for Kentucky on
Q: My girlfriend and I have lived together for 3 years and we are breaking up.

I want to know who gets the house? I paid the down payment and every mortgage payment since we bought the house. I put her on the deed in case anything happened to me. So now that we are splitting up does she own any equity in the house that I have paid for?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Feb 7, 2022

She is apparently a titled owner of some type. If there is not sufficient equity, a Sale for Partition Action will not work. So you might want to offer her a few thousand for her Quit Claim Deed to you now. Have KY lawyer draft the proposed QCD.

1 Answer | Asked in Divorce and Real Estate Law for Kentucky on
Q: What is considered abandonment of a house?

Me and my wife are going through a divorce. She moved out of the house that we lived in about 3 1/2 four years ago. I still reside in the house and I have been keeping up with the upkeep and maintenance this entire time. She has not made a mortgage payment which is in her name only for the past... Read more »

Timothy Denison
Timothy Denison
answered on Jan 31, 2022

There is no abandonment in this case. You have an agreement. You split the sale proceeds. You get half. She gets half. If the nonpayment was not addressed in the property settlement agreement, then it has to be divided equally.

1 Answer | Asked in Contracts and Real Estate Law for Kentucky on
Q: In Kentucky, can a buyer withdraw their offer after seller accepts when contract states only contingency is financing.

I’m selling land in Kentucky with no structures on it. Same realtor representing both parties. Realtor sent a contract from the buyer agreeing to fill asking price, with the only contingency being based on financing. Realtor told me via text the buyers already told her they had financing lined... Read more »

Timothy Denison
Timothy Denison
answered on Jan 30, 2022

If they withdrew bf you signed the contract accepting, the offer was withdrawn. If they withdrew the offer after you signed the contract, then you may have a legally binding contract. However, it also depends whether any consideration was required by the contract (ie down payment or earnest... Read more »

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