My father wants to have my family (my spouse, 2 children and myself move into his home). We would sell our own home. He stated he will be adding my name to the deed. Not sure if it would be sole survivorship. In either situation, what would happen if I passed away? Would my children and spouse get... View More
answered on Nov 12, 2022
The answer to your question depends on the interest that you will be getting in the new deed that your father is preparing. If the deed is a joint tenancy with the right of survivorship, then assuming you survive your father, you will get the entire property. If it is a tenancy in common, then you... View More
The person who borrowed has died. Does the loan get paid from her assets or from the sale price of the house?
answered on Nov 4, 2022
Yes, all parties with an interest need to sign the mortgage. However, only those who sign the note are obligated to repay the loan. In the event of nonpayment, all who signed the mortgae will be named as defendants.
the 39 has sensors all over the home...he has no car, no job, no degree, no friends...he goes to therapy
they want to cash in the home and leave me on the street..how can i prosecute?
can i get an ejectment ? an iron clad trust? file for conspiracy and fraud?
answered on Apr 5, 2024
I am sorry to hear this. Are you the sole owner of the home? Does your son live with you as a tenant and stopped paying rent? If your son does not own the home and does not have any type of lease with you, you could seek to have him removed from your home. However, it is best to consult with an... View More
Shouldn’t it have gone to the adjacent owners when the street idea was abandoned and not become a lot? What is the law for ownership of paper streets in NJ?
answered on Dec 4, 2023
There is not enough information to give you a definitive answer. There are two possibilities. If the right-of-way is an easement for the public road, then you have a claim. If the right-of-way for the road was sold to the municipality outright, then you do not. You would need to have the title... View More
answered on Nov 13, 2023
Hire a NJ attorney to search the title. It sounds like there are covenants that run with the land even if they are not in a later deed conveyance.
No mention of marital status.
between several floors.
answered on Jul 24, 2023
If you are in a condo or coop then they are liable. But if the unit owner deliberately clogged the pipe, then the unit owner could also be liable. In this type of case, I would personally sue all possible Defendants. With modern technology, you can be represented by any high-quality attorney in New... View More
Limitations on deed agreements no present on current deed. No present HOA or similar contract. No inclusion of payment agreement on current issued deed.
answered on Jul 21, 2023
Unless the obligation was deleted by a recorded instrument, the rights to collect belongs to the successors in title.
Technically, I'm a squatter vs. a tenet as I sold the house to a realty company. I simply need 1 week, 2 weeks at most to secure housing. I am a 62-year old woman on disability. I live well below poverty line and finding new home has been challenging. I have no intention of staying/squatting,... View More
Her Son has parent's 2/3 ownership. Son found out 2019, Uncle reported Notice of Settlement in county record without Son's knowledge. What can the Son do
answered on Jun 9, 2023
In order to respond to this question more information is required. Was the property owned as joint tenants or tenants in common, did the husband and wife die testate or intestate, did the husband and wife convey their interest to the brother?
Fence contractor has “we are not responsible for any irrigation damage if any” in accepted estimate. Upon installation damage’s neighbors sprinkler line. Advised contractor both verbally and in writing that irrigation lines were in area and to take care. Who’s liable for the damage?
answered on Jun 8, 2023
Call and inform your home insurance company. Then call your attorney, If neighbors sprinkler system was on your property then the neighbor is responsible. If the damage to the sprinkler system is on neighbors' property then sprinkler installer is responsible.
Hello. I have an issue with my neighbor who is pushing me to remove healthy tall oak trees on my property. Neighbor is assuming that these trees are dangerous and can fall any time soon and present nuisance. I got verbal consultation from tree professional NJ licensed arborists. All of them... View More
answered on Jun 7, 2023
Have the licensed arborists you consulted put into writing that the trees are healthy and do not present a danger. If you are contacted by the attorney, send that written opinion from the licensed arborists to the attorney and say you have no intention of removing healthy tall oak trees from your... View More
My spouse and I are co-owners on our house deed and we are in the process of getting a divorce. Can my spouse change the structure of our deed before or after we get a divorce from ‘Joint Tenants Rights of Survivorship’ to ‘Tenants in Common’ without my permission so that if he passed away... View More
answered on May 28, 2023
That will be dependent on the by-laws and what is allowed. There is no way to answer your question with so little information and with the most important document missing.
My yet-to-be-divorced spouse wants us to sign an agreement whereas he will pay me a sum of money to remove myself from our house deed. We would both remain on the mortgage but he would assume full payments for a year at which time he agreed to refinance to remove me from mortgage. What if after a... View More
answered on May 25, 2023
This is a very complex situation that would exceed what most attorneys will include in a free consultation. You really need to retain an attorney who is experienced in both matrimonial law and civil litigation, as well as mortgage foreclosure defense. There are too many moving parts to provide a... View More
If someone has federal tax liens prior to acquiring another property then selling it. Are the prior ones attached or just while in Title?
answered on Apr 19, 2023
If a purchaser has recorded FTLs in a certain County and buys land in that County, the FTL immediately encumbers the land. Each FTL should have the expiration date printed on its face. Such a buyer needs an attorney on how to proceed.
answered on Apr 19, 2023
While no question was asked. So as a general answer, the federal lien remains. The property is subject to that lien. The lien may be enforced against the property even though presently owned by a third party. If you were represented by an attorney, a property search should have been ordered which... View More
Selling a home. Both parties signed a document agreeing to sell and it was then notarized. Parties are divorced. Home is under wife’s name and mortgage as well for over 20+ years. House is pending sale and under contract. Now the ex-husband is saying he won’t sign for the sale of the home. Can... View More
answered on Mar 29, 2023
You need to speak with an experienced divorce lawyer as to the document signed and whether it can be enforced by an application to the court. You also need to discuss with the lawyer, the reason why your ex refuses to cooperate with the homes sale.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.