Get free answers to your Real Estate Law legal questions from lawyers in your area.
My home is part of a living estate and I'm being threatened with eviction if my wife dies before me. The house was deeded to my wife, but it's to go to her living children on her demise. 2 of her living children are from a previous marriage and 1 child is my biological son, who lives with... View More 
answered on Mar 28, 2022
Use the Find a Lawyer tab to retain a local estate planning attorney that can review your and your wife's financial situation, the deed for the house and other documents, and then advise estate planning alternatives that can address the situation, such as wills, powers of attorney, living... View More
He was awarded the house but my name stayed on the deed and mortgage for one year because he did not qualify to take over the payments. He wants to sell the house and found out that a lien (we did not know about previously) was placed against the house during our marriage for debt in my name.... View More
answered on Mar 7, 2022
In a divorce, it is important to check real estate titles to find any liens that might have been filed. He won't be able to sell the house without somebody paying the lien to get it released. If he wants to sell the house, he could pay the lien, and then file with the court to determine if... View More
I have the property under a lease agreement. I need to add my name to the deed.
answered on Mar 2, 2022
You will need a lawyer. Use the Find a Lawyer tab to retain a local attorney, possibly to file probate, but definitely to transfer the property or get your name on the deed.
My mom and I shared ownership of a house in Cleveland Ohio. When she died it automatically transferred to me. She verbally stated to me she wanted me to split proceeds of sale between me and 3 sisters. How would I do that without getting nailed with all the sales & capital gains taxes? My... View More
answered on Feb 22, 2022
That does sound like a difficult family situation. There could be capital gains taxes, depending on how long since the house transferred to you. If there were any taxes, you could deduct those from the proceeds to your siblings. Talk to your tax advisor about all that. And use the Find a Lawyer... View More
When we bought our condo, we were told it came with a parking spot. We're trying to sell our condo and are being told that our parking spot is "common area" for the building and we can't sell our condo with the parking spot. We wouldn't have bought the condo without a... View More
answered on Feb 17, 2022
That's a tough situation. Verbal comments would be difficult to prove, and it would depend on exactly what the seller posted when advertising it - whether it could be considered fraud. And purchase contracts typically say that information provided is not verified accurate. The condo... View More
I live in Ohio. He has agreed to let me keep the house, however we don't know what steps we need to take. We are 50/50 ownership currently with about 7 years left on the mortgage.
answered on Feb 14, 2022
You can't take his name off the mortgage or the deed by your action alone. He can take transfer his rights in the property to you by signing a quit claim deed to you. The mortgage company won't take his name off the loan. You'll have to get a new loan. So, after he transfers the... View More
We live in a small development in Ohio on a "private street". The city has been plowing the street for snow for 25 years and has now informed our HOA that they will no longer provide that service as we are a "private" street. Do we have any legal recourse?
answered on Feb 7, 2022
If it is a private street, then the city has no legal responsibility to perform any services on it. You'll be lucky if the city doesn't send your HOA a bill for past services, now that it has discovered its mistake. The HOA can use the Find a Lawyer tab to retain a local attorney to... View More
What can I do.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 3, 2022
Call the police. He is trespassing and conducting an illegal eviction.
I live at a 2 bedroom apartment on the first floor next to the building entrance and the stairs. The main bedroom is next to the apartment entrance and we don’t sleep in it because we simply can’t! Noisy neighbors running on the stairs and slamming doors. In addition to the upstairs neighbor... View More
answered on Jan 24, 2022
You can ask the landlord, but landlord doesn't have to agree. You could try paying rent into escrow. Check your local court web site for the rent escrow process.
In 2015 I purchased a home. My ex(never married) and I, months later, after putting a lot of work into the house, split. Her and her father went behind my back to the loan office and drew up the paperwork to sell her the house for the same price I bought it for. I signed them. I didn't know... View More
answered on Jan 5, 2022
You'll have to have an attorney review all the facts and advise you if you have any possible claims, such as fraud, or whether you might negotiate a resolution. Use the Find a Lawyer tab to retain a local attorney.
I had a HUD partial claim with NOVAD. I recently refinanced and my lender paid off the partial claim as part of the refinance. The title company advised me that the check was cashed by NOVAD on 10/25/2021. It is now 12/24/2021. I have not received any official correspondence from NOVAD or my lender... View More
answered on Dec 25, 2021
Ohio requires a satisfaction of mortgage to be filed 90dsys after payment
Our mom passed a year ago and had no creditors to pay. Her home is paid off and we (6 children) are deciding to quit claim deed the house over to only one of her children. Is there a type of deed that will guarantee that the property can be reclaimed by the remaining 5 if the 1 grantee defaults in... View More
answered on Dec 18, 2021
You all need to sit down with a lawyer. If you quit claim you are giving up all rights and responsibilities. You won’t be able to restrict anything.
Dear Sir, I wish to buy my partner shares. he passed long years ago, the shares are still in this name, what is the easier solution to buy those shares from his grandchildren’s.
answered on Dec 18, 2021
If they own them. The first thing to do is sit down with a lawyer and figure out who owns the shares based on your partnership agreement and his will and/or the probate of the estate.
Mom has Alzheimers and is in nursing home. How does dad go about changing deed to his name only?
answered on Dec 14, 2021
Your mother is not capable of executing any document. In order to transfer real property most likely a guardianship will have to be placed by the Probate Court. Your mother is in a nursing home, so unless the assets of your parents are already protected, they will be required to spend down their... View More
I never lived at the apartment and we moved then he wouldn’t let me in or give me a key.
answered on Nov 16, 2021
You can file for divorce and ask for spousal support to help you pay for a place to live and ask for him to pay your legal expenses. Use the Find a Lawyer tab to retain a local divorce attorney who can advise you of your options.
My wife owned a cemetery plot and passed without a will. She had three children from a previous marriage but paid for the plot while we were married. As her next of kin, do I now own that plot?
answered on Nov 1, 2021
Call the cemetery and ask them. Sometimes, cemetery plots will pass under cemetery rules. Even if it has to go through probate, you will probably be able to get it.
answered on Nov 1, 2021
Use the Find a Lawyer tab to retain a local real estate attorney who can search the title to the house in the county real estate records, determine the document he used to sign it over to you, and advise you if it can be taken back.
answered on Oct 29, 2021
If your grandfather completed a full transfer (i.e. the property is now deeded to you without any contingencies) then it is unlikely he can just :take it back". I suggest speaking with a lawyer to have them review the documents involved with the "signing over".
The AC unit is included in the rental, but not mentioned specifically in the lease. I notified my property manger on Sept. 28th that the window AC unit had mold behind the vents. I asked for it to be replaced and after a little back and forth they said they had to order a new unit and it would be... View More
answered on Oct 28, 2021
You'll have to work it out with the property manager. AC won't be needed for months. With all the supply chain disruption, AC equipment might be hard to find until spring.
We were living with her when she died but without the deed we can't get water in our name and we can't pay mortgage payments without them giving us the account info
answered on Oct 22, 2021
You can check the county real estate records to get a copy of the deed. A family member will have to file her will in the probate court to be appointed executor, or if she had no will, apply to be appointed administrator of her estate, who will then have legal authority to deal with her finances,... View 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.
