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Kentucky Real Estate Law Questions & Answers
1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Kentucky on
Q: My bedroom is in an unfinished basement and I am sick with mold toxicity. What can I do to leave the lease and house?

The room itself is very small and walled with thin paneling. It has two very small windows that are painted shut so there is no egress. The room also has no vents or any access to the central heat or the air. Although not as severe, the room also has no closet and the ceilings are very low. This... View More

Timothy Denison
Timothy Denison
answered on Dec 11, 2018

Establish that there is mold in the house and that is the cause of your sickness. Put them on notice of it by sending a letter and demanding it be corrected. If not corrected, you can void the lease and move.

1 Answer | Asked in Real Estate Law for Kentucky on
Q: My wife passed away and I want to sale our home do I have to split the money with our children or have their consent
Vincent Gallo
Vincent Gallo
answered on Dec 1, 2018

Answering you from a New York perspective, if you owned the real estate as tenants by the entirety, then the real estate is yours alone to sell.

1 Answer | Asked in Contracts and Real Estate Law for Kentucky on
Q: Injust signed my lease one month ago, I found cockroaches in my home and they treated them twice. Can I break the lease?

I called them three times without a answer.

Timothy Denison
Timothy Denison
answered on Oct 24, 2018

If the treatments resolved the issue you cannot break the lease. If you still have cockroaches after two treatments and now they won’t respond, you should give them written notice of termination as you move out.

1 Answer | Asked in Real Estate Law for Kentucky on
Q: Closed on a home and some of the repairs were not completed from the addendum. Who is responsible for fixing issues?

I found that some of issues were not corrected after I moved into my home. What options do I have?

Vincent Gallo
Vincent Gallo
answered on Oct 13, 2018

If the contract called for repairs to be done, why did you close and tender your purchase proceeds to the seller before the seller properly completed all of the repairs?

1 Answer | Asked in Estate Planning and Real Estate Law for Kentucky on
Q: Can student loan creditors take your home or vehicle?

My father has stage 4 cancer. And a lot of credit card bills. The bills are more than the mobile home and car are worth. By maybe 10 grand. I have lived here with my father for years and want to remain here after he passes. We're scared that when he passes the credit card companies will take... View More

Timothy Denison
Timothy Denison
answered on Sep 16, 2018

Consult a competent bankruptcy attorney. More info is needed, but from your narrative above, it sounds like your dad could file bankruptcy and keep his property while discharging his debt.

1 Answer | Asked in Real Estate Law and Civil Litigation for Kentucky on
Q: I bought a mobile home from the lady end Shepherdsville Kentucky she told me she had the title but she dont

And come to find out she does not have the title to the mobile home so now I am stuck paying lot rent on a mobile home I cannot sell without the title I have contacted her multiple times with no success which I have moved back to Indiana due to my job change

Timothy Denison
Timothy Denison
answered on Sep 8, 2018

Most mobile homes are considered personal property and do not have titles. They are bought and sold with bills of sale.

1 Answer | Asked in Divorce, Estate Planning and Real Estate Law for Kentucky on
Q: Would a quitclaim deed help in my case?

My husband is a compulsive gambler and has accumulated tons of debt. I just found out that he put one of my cars in collateral for a $3000 loan from a stranger. We purchased our home last year, his name is on the deed but not the mortgage. I would like to prevent him from ever losing our home. How... View More

Timothy Denison
Timothy Denison
answered on Jun 4, 2018

Have him uitclaim his interest in the marital property to you immediately.

1 Answer | Asked in Divorce, Real Estate Law, Civil Litigation and Domestic Violence for Kentucky on
Q: I had a epo filled on me by my wife I caught having and affair, went to first court hearing and they said it could turn

Into a DVo I never touched her she touched me the day before she filled for the epo, any way I could take it to trial, also we have a house together we bought it 2 years ago but had everything put in her name, she later said I was a renter, anyway I can get reimbursed for upgrades and stuff I made... View More

Timothy Denison
Timothy Denison
answered on May 31, 2018

The EPO/DVO is a separate and distinct action from a divorce action. All of the equitable issues you ask about will be raised and considered in the divorce action,not the EPO action.

1 Answer | Asked in Contracts and Real Estate Law for Kentucky on
Q: Can I evict in court or sell property if they refuse to leave with notice?

Husbands sister took over mortgage payments and was given a rent to own contract that when the loan was paid off the house and one of the 2 acres she could have. Only thing asked was that she pay all the fees & repairs. Contract said so long as she pays $350 on time and maintains property the... View More

Timothy Denison
Timothy Denison
answered on May 26, 2018

You need to foreclose, terminate land contract and evict all in the same action. Contact a local attorney near you who can devise you as to all your options.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Kentucky on
Q: Can I rightfully evict them from a land contract after several warnings even though violations arnt listed specifically?

Husbands sister took over mortgage payments and was given a rent to own contract that when the loan was paid off the house and one of the 2 acres she could have. Only thing asked was that she pay all the fees & repairs. Contract said so long as she pays $350 on time and maintains property the... View More

Timothy Denison
Timothy Denison
answered on May 26, 2018

No. You need to file a foreclosure action because of the land contract.

1 Answer | Asked in Contracts and Real Estate Law for Kentucky on
Q: A lady purchased a home from my wife and I on a land contract in AL. The home was recently damaged by sewage backup.

We received an insurance check from her insurance company to sign. How can we be sure if the insurance money is used to repair the house?

Timothy Denison
Timothy Denison
answered on Apr 17, 2018

You can negotiate the insurance check and pay the repairs directly.

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Kentucky on
Q: This is to deal with my last question. My name has never been on the loan. Can she take it back if she accepts compensat

If it is in the final dissolution paper and she agrees to our taxes as compensation, can she come back and pull something like bankruptcy to get the house back if the court agrees for her to quitclaim it to me and my name is on the deed but not on the loan. Is there some wording I am need to put in... View More

Timothy Denison
Timothy Denison
answered on Apr 16, 2018

Same answer as last time. As long as you pay the note that is in her name, the answer is no. Ownership is determined by title, not by loan.

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Kentucky on
Q: She is giving me the house that was hers before us for our tax refund. I can't refinance. What do I do to lock that in?

I want to make sure she can't come take it back after judge oks agreement. We would do a quit claim deed but it is financed and she is taking compensation of our taxes and 1st year claiming child. I am fixing to do our final papers and want to have the wording right.

Timothy Denison
Timothy Denison
answered on Apr 16, 2018

Do the quitclaim deed from her to you as soon as the divorce is final. Ifshe is not requiring you to refi, then there’s no problem. The quitclaim will of course be subject to the mortgage which you will have to continue to pay. Unless you default on the loan payments and the court orders the... View More

1 Answer | Asked in Real Estate Law for Kentucky on
Q: Can you back out of a real estate sale before the inspection?

I got a good offer on my home Listed for sale, I have not had an inspection yet, My Mother is ill and I want to bring her here to care for her, so I have changed my mind about selling, can I back out of the deal, there has been no inspection yet. I live in Bowling Green, Kentucky.

Vincent Gallo
Vincent Gallo
answered on Mar 2, 2018

If contracts were never yet signed then you have no deal to yet even cancel.

1 Answer | Asked in Real Estate Law for Kentucky on
Q: If I'm on the deed of my parents property as rights of survivorship in Kentucky, do I also have to be on the mortgage?
Vincent Gallo
Vincent Gallo
answered on Nov 5, 2017

Not if the lender didn’t require it

1 Answer | Asked in Real Estate Law for Kentucky on
Q: If a buyer backs out after a home inspection , do they have to share that inspection report as proof of reason?
Vincent Gallo
Vincent Gallo
answered on Oct 21, 2017

Your contract of sale will give you guidance as to that answer.

1 Answer | Asked in Personal Injury, Foreclosure and Real Estate Law for Kentucky on
Q: Can a home be legally sold at auction if the home owner is not notified that a sale date has been rescheduled ?

I was served foreclosure papers in December 2015 I responded to the complaint and a hearing was scheduled June of 2016 resulting in a sale date for my property July 18, 2016. I worked out a trial loan modification with my servicer and made the trial payments June 2016-Nov 2016 the servicer... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 24, 2017

You need to find out how the notice of changed date was made. You need an attorney. Contact www.naca.net to find a consumer attorney near you. You must act immediately. You found out April and you are asking in late June? A court won't buy that. (Yes, I understand it's hard for a... View More

1 Answer | Asked in Family Law and Real Estate Law for Kentucky on
Q: Do I need a quitclaim deed if I have a divorce decree saying the home is mine and the title is Married sole and separate

I bought a home in the middle of divorce. My wife at that time signed paper work at the closing (I am not sure what she signed) and the Title ended up in my name sole and separate property, her name is not on the loan and I do not see her name ANYWHERE in my closing documents that were given to me.... View More

Ben F Meek III
Ben F Meek III
answered on Mar 22, 2017

It may be that they are asking her to abandon any possible claim that she has a homestead interest in the house. In most states, when married people live in a house that at least one of them owns, either of them may have a homestead right to occupy the house for the rest of their life even without... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Kentucky on
Q: Hi, my father wants to kick me out of his house in KY, does he need eviction notice or can he just have me removed?

Elizabethtown KY

Ben F Meek III
Ben F Meek III
answered on Feb 26, 2017

Hard to say, with only the information in your question. But it sounds like he has been letting you live there and that you have no type of legal "ownership" interest in the property such as a leasehold interest or a term of years or what-have-you. If that is the case, if he asks you to... View More

1 Answer | Asked in Personal Injury, Real Estate Law, Consumer Law and Products Liability for Kentucky on
Q: i am trying to find out if there is a statue of limitations on suing a company in mount vernon ky for property damage

if so i need a good lawyer that will work probono until my case is settled, please help

Peter N. Munsing
Peter N. Munsing
answered on Jul 22, 2016

What I think you mean is you are looking for a lawyer to take the case on acontingent fee. If it's a car crash and you were hurt, no problem--contact a member of the Ky. Trial Lawyers Assn. I believe the statute of limitations for property damage is two years, one year for any injuries. If... View More

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