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answered on Jan 29, 2018
All contracts for the sale of real property must be in writing in North Carolina.
This was done out of spite. Can i take her to court? Trees are on my property. Now my trees are damaged. 11 trees damaged out of 19. We paid $2800 thats when they were little trees. We also had our land surveyed and she remives our stakes thats on her side. She claims that our fence is on her land... View More 
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answered on Jan 24, 2018
If the limbs crossed over into your neighbors property she can likely cut them as long as it doesn't kill the tree. Your best bet is to consult with a local attorney and start costing her money as well. Usually after getting spanked in the wallet a couple of times, neighbors start keeping to... View More
My husband and I can't agree on several important issues, including income requirements for our family, and I'm planning to file for divorce, giving up the home to him in the decree. Given the possibility of a lengthy divorce, I'd like to remove my name from the deed before filing so... View More
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answered on Jan 22, 2018
You can certainly file a quit claim deed releasing you from the property. However, you'd likely be giving up a major source of leverage against him in the divorce if you plan to do this before filing. Also, it seems you are likely still living together in the house. If so, you will not be... View More
We have been together 11 years
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answered on Jan 19, 2018
If you aren't married any rights you have to property will need to come from somewhere other than your status as a mother who has custody of children.
their father. Do the grandchildren of husband have rights to the property? No will this is regarding property in NC
answered on Jan 16, 2018
If a person who is no longer married dies, then that person's natural or adopted children would inherit the person's property in equal shares. If any of those children are no longer living, the children of that deceased child would inherit their deceased parent's share. See... View More
My wife and I divorced 2 years ago. We both signed a quit claim deed in front a notary, "giving her the house" which was never filed in court or anything, she still has possession of it. She has still not sold the house, or taken my name off of the loan. I am still paying the mortgage. We... View More
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answered on Jan 6, 2018
I assume you did not have an attorney, as no attorney worth their salt would have allowed you to sign a quit claim deed while still on the mortgage. Hopefully there is something in the divorce judgment that addresses this issue or you are for lack of a better word very likely screwed.... View More
My wife is not listed on the mortgages.
answered on Jan 4, 2018
Not likely, however if the mortgage debt is not paid and the property is foreclosed it will be lost in the foreclosure notwithstanding.
answered on Jan 1, 2018
You may be able to sue to enforce the clear terms of the contract. If the roof repairs were described in that contract, you should contact a local real estate attorney to learn what action you may be able to take to seek relief.
He is not on my deed and has not paid any mortgage payments. No utilities are in his name. Can I give him a 60 day notice to vacate.
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answered on Dec 14, 2017
No - a 'notice' won't work unless he wants to move out. If he won't agree to move out, the only way to get him out legally is to file a divorce from bed and board or if he ever get violent with you a DVPO will likely work as well.
He has been out of work since april 2017. He has paid a few bills here and there when he was getting unemployment. We are not doing good and he refuses to go to work or pay his half. He will not leave. He thinks this Is all funny. I know I can do it on my own bc I am doing it now. Is there... View More
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answered on Dec 14, 2017
You are in one of the worst positions possible - not married and own property together. You likely can't legally make him leave because he ownes the property and you can't use divorce law because you aren't married. Likely your only option if he won't agree to let you buy him... View More
a minor. The sellers now have to petition the court. What is the process and how long can it take?
Thank You
answered on Dec 12, 2017
I assume from your question that it has already been determined that the minor does have a valid interest in the property? If the deceased had a will, that is not always the case, which is why I am inquiring.
If the heir does have an interest, the sellers will have to include the heir in... View More
Can the seller force re-negotiation based on the new items that will be replaced
answered on Dec 12, 2017
The purchase agreement likely contains provisions concerning "acts of god" i.e., a fire, as well as requirements for modification or re-negotiation. Please consult your purchase agreement and/or an attorney to determine what rights and responsibilities both parties have in this instance.
My brother and I inherited property from mother, he does not want to sell, and has record of not paying taxes and such. I do not want the liability if I my property can incur a lein or other legal forfiture. Please direct or advise
answered on Dec 12, 2017
All of this will depend on how the property was conveyed to you, which will be evident from the language in your deed. It is possible that your interest may be unaffected by anything your brother does (or doesn't do), but it is impossible to say without knowing what type of interest you hold... View More
answered on Dec 12, 2017
Many powers and restrictions of an HOA are outlined in the governing documents of the HOA. Please consult your articles and bylaws and/or an attorney to determine if these rights are spelled out in them.
Background- I want to sell my home, but my spouse is the only one on title. He left years ago and is residing in another country and hasnt been heard of since. He does not want to be found so I have no way of getting in contact with him. What are my options? Note- the home is currently in... View More
answered on Dec 12, 2017
If your spouse is the only one holding legal title, you may not have much of an option to sell the home. It is possible that you may have an interest in the home if your spouse purchased it while you were together, but an attorney would need to review the deed. There are different types of deeds... View More
I pay the majority of my bills in cash, so her name ended up on the lease and utility bills. I have paid steady rent for over a year. She’s telling me to out so her close friend can live with her instead and has given me 60 days to do so, not 90.
answered on Nov 30, 2017
The answer to your question depends upon the exact details, such as who do you pay your rent to? The master landlord? Or to your roommate? If to the roommate, then she may well be your landlord (likely in violation of her lease unless it is with her landlord's knowledge and permission). If... View More
from a showing via free web posting that I thought was just to indicate the property was pre-market but soon would be available. My realtor is upset because I terminated early with the understanding that I wanted to wait a few months to relist. That was my intention, but now I have a decent offer.... View More
answered on Nov 30, 2017
It will depend on the language in your listing contract with the agent. However, even if this is all accurate and it was not your intent to harm the agent, they may never believe that and certainly could pursue you for what they believe is a breach of contract. There is no reason why you can't... View More
Legally separated 2 years, have filed for divorce, have not divided marital property. Want to move back into house until we can sell the property and divide our assets. Other Spouse is not willing to share the space or assist in other housing for me. Legally can I move back in without him... View More
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answered on Nov 30, 2017
There is no such thing as legally separated - in NC one is either simply separated or they are not. If you are not living in the same residence and at least one of you has the intention not to resume the marital relationship - you are as legally separated as you ever will be. So while trespass... View More
answered on Nov 27, 2017
You will need to review the terms of your contract with the rental company. More than likely it has provisions in it regarding how and when the contract may be terminated. It should also tell you what kind of notice must be given.
We had a signed lease in place with our names listed and requested, at discretion of the ABC commission that our LLC be added to the lease as well. Our landlord drew a handwritten line on the lease as a place for the LLC to sign, no other modifications were made. Now he is refusing to give us a... View More
answered on Nov 8, 2017
No. The landlord should provide you with a copy of the signed lease. Unless there is some provision in the lease that allows him to charge a fee for modifications to the lease, the fee would not be appropriate. Also, if it is not in the lease, it was not agreed to prior to the modification, so it... View More
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