When parties are co-owners of a home or any other piece of property, and the parties are not married then any issues related to real estate are addressed and resolved under legal theories and remedies concerning contract law. Only a family law judge can order parties who are married to sell a... View More

EACH of the tenants in common has an undivided fractional interest in the property. If you can, for example, determine how to build on only 1/10th of the property without dividing it into 10 slices, then you can do what you want with your share without anyone else 'agreeing'.

As... View More

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answered on Jun 28, 2023

If your neighbor causes damage to your property using equipment provided by their employer, there may be potential grounds to hold both the neighbor and their employer liable for the damages. Under the legal principle of vicarious liability, an employer can be held responsible for the actions of... View More

Sue them for what? If the house was sold, you have no insurable interest in the property, even if you are still paying premiums on it. You would essentially double-dip if you already received the sale proceeds, and now you were to receive the insurance payout. That's like insuring your... View More

An attorney would need to review your current work order agreement with the contractor. Generally speaking, a licensed contractor has a legal remedy for when they are not paid on a particular project - they can record a construction lien on the underlying property, and, if payment is not... View More

Generally, most purchase agreements call for the seller to leave their property 'broom swept." If you made several attempts to contact the seller either directly or through their real estate sales agent, you shouldn't have to do any more for them. If it were me, I would give them... View More

I concur, the 'simple' answer is usually 'yes', but the land contract itself needs to be consulted before you go too far. For example, there may be a 'due on sale' clause meaning you have to pay off the land contract *immediately* upon such a sale, or it may not... View More

We do our fair share of litigation in Seller Bad Faith. Even if you choose to waive an inspection, if you relied upon the Seller's Disclosure and can prove that the Seller knowingly disregarded the truth when they completed the disclosure statement, you may have a case. There is a high burden... View More

The property will not change hands until someone (usually an heir) commences the probate process. It is not uncommon, although unwise for a number of reasons, for houses to be held in a deceased person's name while family members continue to live there for sometimes multiple generations. As... View More

Good for you!

We are working with one of our current employees and participating in supporting thier paralegal program through Oakland Univ. There are quite a few programs out there that are worth investigating. Best of luck, Soble Real Estate Law - see www.provenresource.com for more... View More

Your legal rights against the seller's breach will depend on what the provisions in the purchase agreement say as to the available legal 'remedies" that you have against the seller. A poor purchase agreement may only require that the seller return your earnest money deposit to you... View More

I assume the partnership is incorporated under Michigan law?

How is the property titled? In the name of individuals or the name of the partnership?

What does the partnership agreement say about selling assets?

Does it require a simple majority or a super-majority?... View More

Being on the mortgage and being on a deed are two different things. If your name is on the deed, then I think you can be reasonably assured of not losing the home to your sister.

As to the mortgage itself, if your name is already on the mortgage, I'm not sure there is anything you need... View More

If your deed was recorded, you can buy a copy from the office of the Register of Deeds for the county where the property was located. If the deed was not recorded, then you may have a problem. You would need to contact the seller if they are alive to get a deed, or possibly the seller's estate... View More

What does your lease say about that?

What about the condo association rules?

Does the contractor have limits?

How would you accomplish that?

If you’re getting the idea that you cannot get specific legal advice without hiring z lawyer you’ll understand why... View More

Not sure what you mean by "without affecting mortgage." It's not clear why it would matter to your mortgage whose names are on your bank accounts. In most cases a mortgage lender has no requirements of someone maintaining specific bank accounts while the mortgage is outstanding,... View More

Why not have a lawyer draw up a lease with option to buy, or a land contract? Either of those might work in your situation.

1) You need to discuss this with your divorce attorney. There are many options available to you, and the divorce judge can craft something in the judgment to make you whole, and sanction your husband if he really did something underhanded.

2) INDIVIDUALS cannot generally charge criminal... View More

I don't believe so, but you should check with the landlord and county DHS, and he should check with his parole agent.

Generally speaking, the owner of the easement is responsible for keeping the easement in good condition. The owner of the dominant estate is the one who has an easement over another landowner's land. The proprietor of the servient estate is a landowner whose property is traversed by an... View More