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The new deed contains express language that I do intend to preserve the survivorship tenant rights, rather than severing those rights.
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answered on Nov 9, 2022
The easier thing to do would just be to include new survivorship language in the deed. Don't overcomplicate things.
Do both owners need to agree or just one? My husband says he is going to give the person written permission. Can I tell the person to leave?
answered on Oct 25, 2022
If you tell the person to leave, and they don't, the local police are not likely to do anything if your spouse says it is ok.
Each co-owner can use the property how they choose. If co-owners can't agree, then they can go to court, and a judge will decide. If unmarried co-owners... View More 
The other party is being very uncooperative and will not answer calls or letters...
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answered on Oct 19, 2022
Yes, you can quit-claim your interest in the property to the other co-owner.
the easement was restated in 1974 then no ,mention to date. would the easement still be valid ?
answered on Oct 18, 2022
Whether it is valid depends on the exact terms stated in the grant of easement as recorded in the county records. There is no need to keep re-stating and re-recording an easement to keep it valid. Use the Find a Lawyer tab to retain a local real estate attorney to search the county records and... View More
My parents sold the house and now there are new owners and I don't know when I have to be out and don't know any rights I have
answered on Oct 10, 2022
If you had a written lease with your parents, the new owner must honor that. If there was no lease, then you are a month to month tenant, and the new owner can offer you a new lease, or terminate your occupancy by giving you 30 days' written notice.
We are divorcing. Can I record a Quit Claim deed to him for my marital equity prior to divorce so I can obtain another home?
answered on Oct 6, 2022
The divorce will divide assets, equity, and debts between the spouses, to determine who gets what and who pays what. A Quit Claim Deed would not be effective until after the divorce has been finalized by the court. Talk to your divorce attorney about it, or use the Find a Lawyer tab to retain a... View More
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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.
The time to go through probate in this case has passed so I am looking for other options to pass title
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.
I want her off deed & not sure how to go about it
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... View More
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... View More
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... View More
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
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... View More
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... View More
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
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... View More
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... View More
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,... View More
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
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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... View More
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... View More
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... View More
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... View More
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... View More
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
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.
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... View More
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... View More
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... View More
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... View More
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