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Ohio Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Ohio on
Q: How do I get my late mother off a co sign of mortgage, which is now paid off, so I can get a home equity loan?
Nicholas P. Weiss
Nicholas P. Weiss
answered on Sep 29, 2022

If the mortgage is paid off then it just needs to be released. Ask your lender to file a release of mortgage.

1 Answer | Asked in Probate and Real Estate Law for Ohio on
Q: How can you transfer title to heirs when property is passed intestate without going through probate in Ohio?

The time to go through probate in this case has passed so I am looking for other options to pass title

Joseph Jaap
Joseph Jaap
answered on Sep 28, 2022

Depending on how the deed to the real estate is drafted, it might have to go through probate. Use the Find a Lawyer tab to retain a local probate attorney who can review the deed and re-open the probate case to transfer the property if that is necessary.

1 Answer | Asked in Real Estate Law for Ohio on
Q: I own my house with no mortgage or house payment I put my girlfriend on deed & she got a loan on house & im not on loan.

I want her off deed & not sure how to go about it

Joseph Jaap
Joseph Jaap
answered on Sep 26, 2022

You'll either have to negotiate a buy-out with her to pay her to sign a deed to convey the house back to you and payoff her loan, or you can file a partition action in court in which the court would determine how much you pay her to buy her out, or the court could order the house sold, and you... Read more »

2 Answers | Asked in Real Estate Law for Ohio on
Q: If I share a deed to a house with my spouse, and her mom's over and i dont want her over, can i have her mom trespassed

I am not married, but am considering it in a couple years, I couldnt find the answer online to this and am just curious. who has the advantage, if two people own a home 50/50 and one wants a guest over and one doesnt, who legally has the advantage, and how would this issue go about being resolved... Read more »

Joseph Jaap
Joseph Jaap
answered on Sep 26, 2022

The co-owner is not a spouse if the co-owners are not married. Each co-owner can invite whomever they choose as a guest -- or even as a tenant. Without a written and signed joint-ownership agreement for the house, resolving disputes between co-owners can be difficult. If a dispute cannot be... Read more »

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1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Ohio on
Q: The property was sold under land contract. I have lived here 11 years verbal agreement that I stay but now buyer renig .

Contract written in the state of Ohio, land is in Kentucky now the buyer wants me to vacate the premises but the seller said I could stay with the buyer sitting right there with them verbal agreement. Who has legal authority to affect me the buyer or the seller ? thank you

Moshe Toron Esq
Moshe Toron Esq
answered on Sep 23, 2022

It seems you cannot enforce the verbal agreement.

Here are 3 reasons:

1) There was no consideration for the verbal agreement. In other words, you were promised the right to stay, but you did not say if you gave anything in return, which is also known as "consideration" or...
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1 Answer | Asked in Real Estate Law for Ohio on
Q: Can land in Ohio ever be conveyed without dower rights released?
Joseph Jaap
Joseph Jaap
answered on Sep 22, 2022

Sure, property can be conveyed without a dower release from a spouse. There is no requirement to release dower rights when conveying to a buyer. But a knowledgeable buyer, and the buyer's lender, would require a dower release. A buyer without an attorney might accept a conveyance... Read more »

1 Answer | Asked in Real Estate Law and Small Claims for Ohio on
Q: neighbor is blaming us for breaking there fence and we have no idea what happen when the house has been empty

THEY ARE WANTING US OT PAY 1440.00 TO FIX THERE FENCE THEY ARE JUST ASSUMING THAT WE BROKE IT, ARE WE REQUIRED TO FIX IT

Joseph Jaap
Joseph Jaap
answered on Sep 21, 2022

You would only be required to pay if they sue you, present valid evidence and testimony in court that proves you caused the damage, and get a judgment against you in small claims court. But even if they don't sue, neighbor disputes are difficult to resolve, and can escalate, sometimes... Read more »

1 Answer | Asked in Real Estate Law for Ohio on
Q: How do i buy a house in a dower state when i dont know where my husband is?

Separated from abusive husband 3 years, no contact , he has no permanent address, lives in his van, traveling state to state. I supposedly need him to sign off (he wont divorce me) on ME buying a house for ME.How can i do this? I dont want him to know where i am. When i sold my house 3 yrs ago, he... Read more »

Joseph Jaap
Joseph Jaap
answered on Sep 21, 2022

When buying a house, both spouses must sign the mortgage. If there is no mortgage, then other spouse is not needed to buy the house. When selling a house, both spouses must sign the deed to convey to buyer. Use the Find a Lawyer tab to retain a local family law attorney to file for divorce,... Read more »

1 Answer | Asked in Criminal Law and Real Estate Law for Ohio on
Q: Husband was on life support his sister filed quit claim deed on house putting it in her name. Is this fraud not his sign

The house was to go to me before he died she put deed in her name no way he agreed he had been unconscious in coma

Nicholas P. Weiss
Nicholas P. Weiss
answered on Sep 16, 2022

If she forged his signature you will need to 1) report the fraud to the police and 2) file a declaratory judgment action against her to unwind the transaction. Quit claim deeds in Ohio also must be notarized, so find the notary and bring a claim against them as well for fraudulently notarizing the... Read more »

1 Answer | Asked in Banking, Civil Litigation, Contracts and Real Estate Law for Ohio on
Q: Is it against the law to force someone to sign the deed to their home over to them?

I applied for mortgage assistance in which I could skip some payments and have them rolled to the end of my mortgage. I was approved and skipped about 11 payments. The lender needed my wife and I to sign papers to make it official. My inlaws told my wife to not sign those papers. Despite my... Read more »

Joseph Jaap
Joseph Jaap
answered on Sep 13, 2022

The in-laws aren't forcing you to sign, they are offering a choice - you can either sign (and then rent from them or move elsewhere), or allow the foreclosure to proceed and you would be evicted by the new owner or you could try to rent from the new owner. Or the in-laws could purchase it at... Read more »

1 Answer | Asked in Divorce, Family Law, Real Estate Law and Landlord - Tenant for Ohio on
Q: I need help I'm homeless and low income. Illegal lock out and She lied on equity at the divorce. I had no lawyer

Divorced 9/07/2021 in Ohio she was awarded the house but never finished the quick deed. I never signed a quick deed.My name is on mortgage and as of now it is still on the deed. She can't refinance cause she bought a new car after the divorce. The morgage company keeps calling due to missed... Read more »

Raquel Ann Parish
Raquel Ann Parish
answered on Aug 22, 2022

Parties to a Divorce can file a Motion under Ohio Rules of Civil Procedure 60 B to request the court to grant relief from a Divorce or Dissolution judgment or order. Motions can be filed based on mistakes; inadvertence; excusable neglect; newly discovered evidence; fraud; etc. The motion shall be... Read more »

1 Answer | Asked in Animal / Dog Law, Contracts and Real Estate Law for Ohio on
Q: If I am moving into a condo with a service dog larger than the HOA allows, is it legal for them to demand proof of pet?

We do sign the HOA contract, it does allow for service pets, so if I have a mastiff (way over the allowed size) (I am in Ohio btw) and I register it as a service dog or emotional support dog, can the HOA take legal action or demand that I show legal proof of my pets training and certification

Joseph Jaap
Joseph Jaap
answered on Aug 11, 2022

The HOA can require confirmation of the status of the animal, and the HOA might be able to have the animal removed if the HOA went to court and the court determines that the size restriction is reasonable, even for a service animal.

2 Answers | Asked in Estate Planning, Real Estate Law, Banking and Probate for Ohio on
Q: My wife is the sole heir to her Mom's house, We are planning on moving into it, There is a Mortgage owed.

We are going to pay it off but what rights are there to include her name on the loan so the bank will have to answer her questions and give her details. Her will states that all assets go to her once the estate is settled in October. I understand that the Garn-St. Germain act prevents them from... Read more »

Aaron Epling
Aaron Epling
answered on Aug 10, 2022

It is very likely that your mother-in-law's mortgage has an acceleration clause. This makes the entire balance due upon the death of the borrower. A surviving spouse has some rights with respect to assuming the loan. But, I'm not aware of any rights that a child has. In other words, you... Read more »

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1 Answer | Asked in Real Estate Law for Ohio on
Q: We had just purchased a trailer. But seller won't leave. What can I do.

The seller was very motivated to sell and everything was good in the beginning. We have the title for the trailer and the land taxes already transferred to us. Now the problem is he is moving to another state with his soon to be wife. BUT with that said he keeps pushing the move out date. At first... Read more »

Joseph Jaap
Joseph Jaap
answered on Aug 4, 2022

You will have to file an eviction case to get him out. An eviction can take a month or more. There is no way to speed up the court process. You can also claim the cost of finding alternate living space because he failed to leave. Use the Find a Lawyer tab to retain a local attorney to review... Read more »

1 Answer | Asked in Contracts, Estate Planning, Real Estate Law and Collections for Ohio on
Q: My dad passed away a year ago, what happens if i stop paying for his storage unit.

I have been paying for the units for over a year but they are not in my name nor did i sign any rental agreement i just took over payments. I have full access to the account. Will it hurt my credit or go to collections for me if i just stop paying for them

Aaron Epling
Aaron Epling
answered on Jul 29, 2022

If you're not a party to the contract with the storage unit company, then I don't believe you can be held liable under any of its terms.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Ohio on
Q: 23 years ago.Rear of lot against 55 acres farm land with fence 4ft from mine. Maintained land 4ft.Prescriptive easement

23 years ago I bought and built a home on a lot 80 x 125 feet with back of lot against a 55 acre Open field With an old Barb-wired fence 4ft in a tree line against the back of my lot from my property line. I have maintained and taken care of this 4 feet up to the Fenceline for the duration of that... Read more »

Joseph Jaap
Joseph Jaap
answered on Jul 29, 2022

An easement like that is not automatic. It must be established by filing in court claiming adverse possession. Use the Find a Lawyer tab to retain a local real estate attorney to review the real estate records and all the facts of the situation, and then advise you of your options.

1 Answer | Asked in Real Estate Law for Ohio on
Q: Do I have any claim of ownership in a house I've paid 50% of all the total housing expenses of, but my name isn't on?

Instead of my fiancé and I both having our name on the title when we first starting living together, she suggested I just pay the mortgage and utilities until we reached that 50/50 split of total money invested into the house (and use my other savings for a ring).

Fast forward two years... Read more »

Joseph Jaap
Joseph Jaap
answered on Jul 27, 2022

You have a potential claim -- but you will have to try to prove in court if you and she cannot agree on a fair solution. There is no guarantee you would win in court. A court can enforce an oral contract, but you would have to prove the terms of the agreement. Two people living together do not... Read more »

1 Answer | Asked in Real Estate Law for Ohio on
Q: Can an HOA force me to put Solar panels on the back of my roof

The HOA is telling me I need to put Solar only on the back of my house and this becomes disadvantageous for going Solar. I am well aware of SB 61 which states that HOAs can put reasonable restriction on Solar. Yet their restrictions are making it so that there is only a detriment on going solar.... Read more »

Joseph Jaap
Joseph Jaap
answered on Jul 26, 2022

You'll need an attorney to review the HOA declaration and actions by the board, and then advise you, but there is no way an attorney can predict the outcome of litigation if the HOA sues you for failure to comply. Use the Find a Lawyer tab to retain a local real estate attorney to review all... Read more »

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Ohio on
Q: I own my home, but rent the lot on which it is located. If my landlord decided to sell the lot, what are my options?

I purchased my home, but the lot on which it was located is a rental. I was curious if my landlord decided to sell the lot, and I couldn’t afford to physically move my home what would I do? My landlord is getting old, and I worry if he dies or sells I will lose my home.

Joseph Jaap
Joseph Jaap
answered on Jul 25, 2022

If you do not have a solid, long-term, written lease agreement that is signed and notarized, then a new owner could ask you to leave when your lease expires. A lease that could last more than 3 years must have the signatures of landlord and tenant notarized, or else it could be terminated. Use... Read more »

1 Answer | Asked in Real Estate Law for Ohio on
Q: what damages can seller of home sue for if buyer breaches contract? Can seller keep home as pending on MLS?

Buyer terminated contract said appraisal didn't meet. They were ask to provide appraisal and said their Atty. said they were not obligated to do so. They are asking for earnest money back. What damages can I sue for and can I keep house pending on MLS and for how long?

Joseph Jaap
Joseph Jaap
answered on Jul 21, 2022

If there is a dispute about earnest money, then it must be held until buyer and seller reach agreement, or a court says what to do with it. If nothing happens in 2 years, then the earnest money is returned to the buyer. In a lawsuit for breach of contract, seller's damages could be the... Read more »

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