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My father in law bought a home for my husband and I and we lived there for 14 years. My estranged husband and his father are on the deed. My name is not, although I made the payments for 9 of the 14 years I lived in the home. My father in law is trying to sell the house and needs my signature on... View More 
answered on Mar 31, 2021
This is a matter for the divorce settlement, you have very limited rights under real property law. In order for the house to be sold while you are married, you must sign the deed but likely you cannot be forced to sign.
Contract was signed under false pretense that the houses on the land would be fixed up and lived in. A man showed up to put up a for sale sign on property before sale was finalized date on contract. Also information was incorrect on the contract/marked out and correct information written in but not... View More
answered on Mar 31, 2021
Take all of this to a local real estate attorney, without reading the contract there is little advice that can be given on this forum.
His real estate property divided 50/50. There is some tractors and farm equipment that were in his possession and he has had ever since his father passed in 2011. Now my question is the brothers now claim all the farm equipment was not my step fathers but instead theirs and have threatened to call... View More
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answered on Mar 30, 2021
You may need to file Probate here if enough assets are present. Administering the Estate will allow the relatives to file Claims Against the Estate if they truly feel they own some of those items of personal property. Hire a competent attorney to talk to you about this. Criminal charges like... View More
We have asked verbally for sewer line to be moved onto their land. How can we force this sewer line to be moved before the new owners take possession and claim it isn't their problem??
answered on Mar 22, 2021
Depends on how long the line has been there and what the respective deeds say. I would advise hiring a local lawyer to look into the situation and give you a better opinion as to your option.
The land was not a part of the will. I do not want to have any financial connection to my nephew. I offered to buy him out, as he cant afford to pay the taxes on the land. He refused. I want to split the land so I can sell my portion back to my cousin who owns the land around my moms land and not... View More
answered on Mar 16, 2021
If I understand this correctly, the current owners are you and your nephew. And your nephew wants to keep his portion of the land.
You really have two options, the first you have attempted, you buy out your nephew, but he has to agree to this option.
The second is that you file a... View More
She also stated she was never stepping foot on land again and was never speaking to me again. She has proved that by not paying any expenses. Can the deed now be put in mine name only. The property is in N.C.
answered on Mar 16, 2021
Only if she and her spouse, if she is married, are willing to sign a deed transferring ownership to you.
The only other way to do so is by filing a partition motion with the court and buying it at auction.
There is a small trailer park that the 2 have rentals and the collect rent. The other 2 do not
answered on Mar 8, 2021
You file a partition motion and ask for the land to be sold and the proceeds split amongst the family. I would highly advise hiring an attorney to assist with this process as there are many steps that have to be followed in a specific manner.
More complex than typical ‘owns the home but rents the land’ situations that I have found.
A verbal agreement was made with myself and the land owner allowing my mobile home to be placed for $X per month for the land. Not in a MH park, but one of two MH on 100 acres. This was for a new... View More
answered on Mar 4, 2021
Any buyer would be buying the land subject to your lease, while it would be much better if your lease was written it is still likely a valid lease. Additionally, you should check with Forsyth County to make sure that your home is no longer able to be moved, each county has different regulations... View More
Land. Land purchased before her marriage.
answered on Mar 3, 2021
It depends upon how the property was owned by the sisters. Can you maybe give some more context? Was it owned as tenants in common or as joint tenants with a right of survivorship?
We own a vacation property in a 6 unit building. Covenants state no renters. One owner allows her church members to use her unit 2-3 times a month. We can not prove money is exchanged. She swears the value to her is intrinsic. These unaccompanied guest cause numerous problems much like renter... View More
answered on Mar 2, 2021
Without reading the full covenants and any other pertinent documents I cannot answer this question.
We planned to vote out our current HOA board to do a long list of issues plaguing our community. We will call an emergency special meeting with the stated quorum of lot owners in our Bylaws and have a vote. If the existing HOA Board is voted out during the Special meeting, do all members retain... View More
answered on Mar 2, 2021
In order to answer this question, I or any other lawyer would need to review the documents that govern the HOA and the board. There should be something in there that deals with this situation.
He'll tell the real estate agent he is moving out. If he is gone for 30 days and I'm there, I have a right to privacy. He wants to move in with the other woman to sell the house. He was granted possession. The home is jointly owned by myself and him. I can cancel the sale before the 45... View More
answered on Mar 1, 2021
I am answering these questions as if the house is in NC, I am not sure given that your address is listed in VA, if the house is in VA then my answers may be wrong.
If he was granted possession then no you cannot move back in without something terminating his exclusive possession.... View More
I was told that her name had to be in order to sell by the realtor
answered on Feb 24, 2021
Yes, unless you have a pre-nup that covers the issue. Even with a pre-nup the title insurance company may require your wife's signature on the deed.
My wife and I co-own a vacation property with another family (50% each). We are interested in selling our part to the family currently owning the other 50%.
1. Is a Quit Claim Deed the best way to exchange funds and separate from this agreement?
2. Would a QCD change the tax... View More
answered on Feb 23, 2021
1. Normally I use a QCD when transferring partial interests between owners.
2. The QCD does not make the proceeds from a sale automatically a charitable donation. Excise tax and other taxes would still be applicable to any purchase/sale.
3. This is a question for your tax preparer,... View More
I plan to sell the house and the agent asked if I'm married and she said he needs to sign the listing agreement so I can sell and at closing to release the deed.
answered on Feb 22, 2021
Depends on if you are selling it yourself or under the estate. I would have to look at the will and prior deed in order to answer your question fully. I advise that you hire an attorney, to assist with the sale.
We both agreed that he was going to keep the house and will refinance it to remove my name. I still pay the HOA fees and the water bill there.
answered on Feb 19, 2021
Until your husband refinances, imagine that you cosigned the loan. My suggestion to you is that you should not deed your interest to him until he refinances.
answered on Feb 10, 2021
The answer to that depends on the terms (or lack thereof) of your ex-spouse's will. He could have bequeathed his interest in the property to his new wife, in which case both you and she will own a 50% interest. If he died without a will, his interest in the property will pass pursuant to... View More
The firm is trying now to bill us even though the unpaid tax bill has gone to the new owner. Are we liable since the attorney missed this completely? Or is this now the responsibility of the closing attorney since he failed to catch this? We had a lot of problems with this attorney, and I... View More
answered on Feb 8, 2021
I would also want to see the contract to know how the taxes were to be apportioned. But I would also tell the closing attorney that they made a mistake and it is not your responsibility to fix the mistake.
My elderly parents need to sell some land with no dwellings. How much tax should they pay for selling the land?
answered on Feb 8, 2021
the tax rate is $1 per each $500 of the sales price, you may here this amount referred to as excise tax or tax stamps.
The land is in NC but we lived in SC. She didn’t want to sign due to losing her state benefits so no deeds were ever signed before she passed.
answered on Feb 8, 2021
her portion of the propety would pass under SC law, you will have to speak to a SC lawyer to know what happens to it.
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