Lawyers, Answer Questions  & Get Points Log In
Ohio Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Probate for Ohio on
Q: Who does the house go to now?

My father passed away last year and in his will he left his house to his brother. Now his brother has passed away and the house is still in my father's name. I have 2 sisters and we are trying to figure out if the house is now our responsibility since the house hasn't been put in our decreased... Read more »

Nina Whitehurst
Nina Whitehurst answered on Dec 10, 2019

There is no way to answer your question without reviewing your father's will and knowing how much time passed between your father's death and your uncle's death. The will might or might not contain a survivorship requirement and, if your uncle survived long enough, then the house vested in him... Read more »

3 Answers | Asked in Real Estate Law for Ohio on
Q: Our bylaws indicate the association has the first right to purchase our unit if we decide to sell...can this be enforced
Taylor P Waters
Taylor P Waters answered on Dec 9, 2019

Yes, if the by-laws were recorded and include your unit.

View More Answers

1 Answer | Asked in Real Estate Law and Child Support for Ohio on
Q: I owe child support arrears and I was found guilty one two counts of non support (F5's) my mom wants to give me a house

Can child support take the home if it is in my name for unpaid support? If so is there a way around it? For example putting the home in joint ownership (her and myself or my husband and myself) or can that be done? Thank you so much for your help.

Joseph Jaap
Joseph Jaap answered on Dec 6, 2019

Use the Find a Lawyer tab to retain a local estate planning attorney who can review the situation and advise you. A trust can protect assets from creditors in some situations. An attorney can discuss options after reviewing all your circumstances.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Ohio on
Q: I've lived 18years on the property owner being aware I paid for water tap and built addition can I claim adverse posse

The deed was signed over to another family member for tax purposes my significant other recently passed and the land was actually his only he kept it in someone else's name because his disability now his daughter is trying to evict me and our children . Two weeks after he passed . And the trailer I... Read more »

Taylor P Waters
Taylor P Waters answered on Dec 5, 2019

If the property was deeded to someone else, that other person owns the property. Adverse possession only applies if they don't consent to your occupancy of the property for 21 years. Here, they did consent for a time and the time they have not consented is not 21 years. You may consider asking if... Read more »

1 Answer | Asked in Real Estate Law for Ohio on
Q: Had submitted once - guess I need to be more concise.

A lien was placed on our home for tile work that my husband did

Neither of us had any knowledge of this lien until I went to refinance.

My husband and I went through a dissolution (last year) - never knew about this lien then.

Is there a statute of limitations on how long... Read more »

Joseph Jaap
Joseph Jaap answered on Dec 3, 2019

You will need to have a local attorney review the lien and advise you. As previously discussed, how to resolve it might depend on your separation agreement from the dissolution. A judgment lien or a mechanic's lien from 2015 would not have expired yet.

1 Answer | Asked in Real Estate Law for Ohio on
Q: A lien was placed on my home that I knew nothing about. Never received any sort of notice. Found out about it when

trying to refinance my home. Lien was placed by some people that my husband did some tile work for. Husband and I are now divorced. What rights do I have to get this removed since we are no longer married.

Joseph Jaap
Joseph Jaap answered on Dec 3, 2019

If the lien resulted from a debt incurred during your marriage, and your divorce decree made your spouse responsible for that debt, then you could make a claim against your ex to pay off the lien. Use the Find a Lawyer tab to retain a local real estate attorney to review the lien, determine what... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Ohio on
Q: I have a property in Dayton city limits. It is between Springfield and 3rd. Can I put a trailer on property?

I want to know if I can place a trailer on my property. It used to have a house there so it has gas and water and sewage hook ups. I’m not sure of the zoning but I would like to make this property into an asset instead of currently it being a burden.

Joseph Jaap
Joseph Jaap answered on Nov 26, 2019

Check with your local building and zoning department to determine permissible structures and uses.

1 Answer | Asked in Real Estate Law for Ohio on
Q: My son bought a refurbished property in Columbus OH and has now discovered that the sewer line was capped by the city.

The flipper never filed for permits with regards to the sewer system and now my son has to fix the problem costing significant amount in repairs. He has gone back to the renovator but he has washed his hands of it, but sold the property as in good working order. Does my son have any recourse?... Read more »

Joseph Jaap
Joseph Jaap answered on Nov 18, 2019

Recourse is to sue the seller. Son can use the Find a Lawyer tab to retain a local construction litigation attorney to review all the circumstances and advise about filing litigation. But if the seller is a limited liability company, organized to avoid liability, or has no cash to pay a judgment,... Read more »

1 Answer | Asked in Real Estate Law for Ohio on
Q: Lease states must give 60 days notice to leave and lease ends in 45 days or self renews what is actual time period

Isn’t a 30 day notice in ohio law with the lease expiring in 45 days?

Taylor P Waters
Taylor P Waters answered on Nov 18, 2019

The actual time period is 60 days. The statutory default for a month-to-month lease is 30 days. However, you say your lease states 60 notice or it automatically renews. The contract provision will prevail unless you contact your landlord about accepting the 45-day notice.

1 Answer | Asked in Real Estate Law for Ohio on
Q: 50% non boundary property owner with my parents two house on property am I entitled to one of them

My sister currently lives in the house rent free. I purchased the 50 % that I now own. I’m in Ohio.

Joseph Jaap
Joseph Jaap answered on Nov 18, 2019

Use the Find a Lawyer tab to retain a local real estate attorney who can review all the facts and advise you of your options.

2 Answers | Asked in Real Estate Law for Ohio on
Q: land is divide by six siblings one recently passed away and step godson refuse entry into the home
Joseph Jaap
Joseph Jaap answered on Nov 15, 2019

A godson is not a legally recognized status, so he has no legal right of entry unless appointed as executor or administrator of the deceased.

View More Answers

3 Answers | Asked in Estate Planning and Real Estate Law for Ohio on
Q: Is there a way to do a will without involving a lawyer?

He has stage 4 cancer, hospice is in, and he is no longer able to leave the house. He wants to get his will done so there is no fighting. He also owes a bit on his house but wants to transfer the home to his daughter, can this be done? Lots of questions but hope to be guided in the right direction.... Read more »

Taylor P Waters
Taylor P Waters answered on Nov 14, 2019

It sounds like quite a few moving parts, and seeking an attorney is the best way to make sure everything goes where it belongs and abides by the statutory requirements for wills.

View More Answers

1 Answer | Asked in Family Law and Real Estate Law for Ohio on
Q: What is the law with unmarried couples and house equity? If one partner leaves, are they entitled to 1/2 the equity?

My significant other and I bought a home. He wants out, and will not be able to afford the house. He is asking for 1/2 the equity in a buy out, to sign off on a refi to get his name of of the mortgage. i have been told there are no laws citing splitting equity in non married couples. Is this true?... Read more »

Joseph Jaap
Joseph Jaap answered on Nov 13, 2019

There is no law for unmarried couples sharing equity, only married couples who divorce. Whoever of the unmarried couple is named on the deed -- is the owner. If the unmarried couple splits up, and there is no written contract between them directing what happens with the house and its equity, then... Read more »

1 Answer | Asked in Probate, Estate Planning and Real Estate Law for Ohio on
Q: My brother is trying to My dad's property in his girlfriend's name can we can test it

My father wrote in a letter that the property stays in the family's name my brother is trying to put it in his girlfriend's

Nina Whitehurst
Nina Whitehurst answered on Nov 9, 2019

Nobody can retitle the property without your father’s signature. If your brother has a power of attorney from your father then your brother had a fiduciary duty to honor your father’s wishes.

If your father is deceased and he had no will then it passes according to the laws of...
Read more »

2 Answers | Asked in Elder Law and Real Estate Law for Ohio on
Q: Mothers lease is up end of January, and has been in a nursing home due to not being able to live by herself.

Need to break lease asap. Would this be considered a legal reason?

Taylor P Waters
Taylor P Waters answered on Nov 8, 2019

Not quite, you can always explain your landlord the situation and ask for options. They might be willing to let you out early or help set up a new tenant to take over the lease.

View More Answers

1 Answer | Asked in Real Estate Law for Ohio on
Q: is an addendum to original agreement neccessary if closing date is moved a couple days

does the addendum start the 30 day window for the buyer to cancel if i sign it?

Bruce Martin Broyles
Bruce Martin Broyles answered on Nov 4, 2019

Depending on how the language of the contract is written. You may not need an addendum. I must assume that you the seller have the right to cancel if sale does not close by a specific date. Or you could simply agree that closing date will be extended to a date certain, with all other dates and... Read more »

2 Answers | Asked in Real Estate Law and Land Use & Zoning for Ohio on
Q: I'm a senior citizen, 75 yrs old, whose been cited to go to court for not painting the entire house, only the front

Ranch home. Have severe arthritis both knees and problems with rare disease of both hands. Cannot climb ladder or afford the costs of the estimates I've gotten. Can't locate any government assistance? I seldom leave home as I can't sit or stand for long and can't walk far. Don't know where to turn.

Joseph Jaap
Joseph Jaap answered on Nov 1, 2019

Contact Pro Seniors. (513) 345-4160, or 1-800-488-6070

They are in Cincinnati, but might be able to direct you to assistance where you live.

View More Answers

2 Answers | Asked in Real Estate Law and Arbitration / Mediation Law for Ohio on
Q: My roommate moved out and we're both still on the lease. Is she still responsible for her half of the rent?

My roommate has completely moved out, but she says she will still pay her rent. Because she's on the lease. How can I legally get a new roommate?

Joseph Jaap
Joseph Jaap answered on Oct 28, 2019

Both of you remain fully liable for the entire monthly rent amount. If she stops paying, and you do not pay it in full, landlord can evict you and sue both of you. Check your lease to determine if it allows you to sublease, or work it out with landlord if you find a new roommate.

View More Answers

2 Answers | Asked in Real Estate Law for Ohio on
Q: I have property that I rent month to month. There is nothing signed in regards to anything. I'm going to raise the rent.

How much notice do I need to give my tenants?

Joseph Jaap
Joseph Jaap answered on Oct 14, 2019

There is no requirement for advance notice. On a month to month lease, either tenant or landlord can terminate at the end of any month by giving 30 days written notice. So you could tell them on Oct. 31 that rent goes up on Nov. 1. If they don't want to pay it, then they can terminate the lease... Read more »

View More Answers

1 Answer | Asked in Contracts and Real Estate Law for Ohio on
Q: The apt autorenewed my lease until Oct 2020 saying i did not gave them written notice prior to 60 days of lease expirati

The apt lease is supposed to end in October 2019.I’ve moved out of state and in Dallas right now.I gave them verbal notice in Aug that i wont be extending lease, that time they did not notify me that i need to give them written notice .now apt has sent me auto renewal notice for a year without... Read more »

Joseph Jaap
Joseph Jaap answered on Oct 11, 2019

If the lease had an auto renew provision that required 60 days written notice to not renew, and if you did not give written notice, then the lease renewed, and you are legally obligated to pay the rent for the rest of the lease term, unless landlord makes good faith efforts to re-rent and gets a... Read more »

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.