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1 Answer | Asked in Divorce and Real Estate Law for Georgia on
Q: My Dad is separated. His wife wants to sell he does not. What rights does he have?

They are going through a divorce. He is a senior with no other means where to live. She is also paying a portion on the condo. But he does not have any other means of paying that portion. So, According to Puerto Rico what are his rights as a Senior and part owner? And she left the home and he is... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Mar 3, 2021

If they divorce it’s likely to be considered marital asset and they may have to sell it to divide it. It all depends on the facts of the case and what the judge decides. If he’s not working with an attorney for the divorce he should considering doing so. If he is ordered to sell, then he may... Read more »

2 Answers | Asked in Real Estate Law for Virginia on
Q: Can it be argued that even if 2 people are on the deed of a house, the one who pays the mortgage is entitled to more?

This would involve a married couple

Ross Cameron Hart
Ross Cameron Hart answered on Mar 3, 2021

Nope - unless a divorce court judge sees it differently.

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1 Answer | Asked in Real Estate Law, Tax Law and Municipal Law on
Q: is thier any way to fight the added costs that a rm added to taxes in arrears?it over 5 times original debt
David Ostrove
David Ostrove answered on Mar 3, 2021

If you have a legal excuse, the government has the power to reduce or forgive penalties.

2 Answers | Asked in Real Estate Law for North Carolina on
Q: Property bought by two sisters, one sister marries. The married sister passes away, is the husband entitled to 50% of

Land. Land purchased before her marriage.

Jonathan Shbeeb
Jonathan Shbeeb answered on Mar 3, 2021

It depends upon how the property was owned by the sisters. Can you maybe give some more context? Was it owned as tenants in common or as joint tenants with a right of survivorship?

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1 Answer | Asked in Real Estate Law for Florida on
Q: Florida-is it legal for board members to amend bylaws/cc&r's to benefit/exclude them selves?

ex: no campers, boats, trailers, storage or for transporting atv type vehicles, no owning atv(type vehicles-4 wheelers, mudders,dirtbikes ect) in park, except by vacant land( only person that owns vacant land is hoa board member, and president owns golf cart whom rides around, lets grand kids... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Mar 3, 2021

Generally, no. Board members should not be amending documents themselves to start with. These documents are contracts and the Florida Supreme Court has indicated in an advisory back in the mid-90s that amendments to these documents require a Florida-licensed attorney and any non-lawyer might be... Read more »

2 Answers | Asked in Real Estate Law for South Carolina on
Q: My mom & dad are deceased the deed to the home was in both their names. There are 4 siblings and a half sibling. The

half sibling has always stayed in NYC. The rest of us are in SC. Me and my sister have been staying in this house practically all our lives, but dad didn't leave a will, but all my siblings know and have heard my dad say he wanted for me to have and take over the house. I'm disabled now... Read more »

Evan Guthrie
Evan Guthrie answered on Mar 2, 2021

There are many options that can be explored to transfer title to you as part of the estate administration and probate process. If all of the other siblings are agreeable to transfer the property to you there can be an agreement signed or they can waive their interest in the property. A lawyer can... Read more »

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1 Answer | Asked in Real Estate Law for Alaska on
Q: how do I add my daughter name to our title.
Anthony M. Avery
Anthony M. Avery answered on Mar 2, 2021

Hire a competent Alaska attorney to draft a Deed. You can have a life estate/remainder deed, tenants in common, joint tenancy with right of survivorship, or many other types of future interest deeds. It may need a title search besides just examining to last Deed.

1 Answer | Asked in Real Estate Law for Arkansas on
Q: My husband passed in 2016. No children and his parents are deceased. How do I get my name in the deed.

The mortage company needs to confirm that I am the successor in order to modify our home loan. How do I get a deed in my name.

Anthony M. Avery
Anthony M. Avery answered on Mar 2, 2021

Your dead Husband cannot sign a Deed. Hire a competent attorney to search the title, determine heirship, and draft an Affidavit of Heirship. The Affiant will be someone who knew him and his Family. Record the Affidavit as your source of title.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Can a vacation property be rented for compensation other that money?

We own a vacation property in a 6 unit building. Covenants state no renters. One owner allows her church members to use her unit 2-3 times a month. We can not prove money is exchanged. She swears the value to her is intrinsic. These unaccompanied guest cause numerous problems much like renter... Read more »

Ben Corcoran
Ben Corcoran answered on Mar 2, 2021

Without reading the full covenants and any other pertinent documents I cannot answer this question.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Chapter 47F-3-103 states that the current board can be voted out. Are the current board members dismissed immediately?

We planned to vote out our current HOA board to do a long list of issues plaguing our community. We will call an emergency special meeting with the stated quorum of lot owners in our Bylaws and have a vote. If the existing HOA Board is voted out during the Special meeting, do all members retain... Read more »

Ben Corcoran
Ben Corcoran answered on Mar 2, 2021

In order to answer this question, I or any other lawyer would need to review the documents that govern the HOA and the board. There should be something in there that deals with this situation.

2 Answers | Asked in Real Estate Law and Child Support for California on
Q: Do I have to give back property that has been quit claimed to me?

My ex husband quit claimed a piece of property to me 10 years ago. The agreement was that he would continue to pay the taxes in my name as he was going to keep the rental income. I just got a letter from his attorney stating that I need to give the property back now. She stated that I was his... Read more »

John T. Kontrabecki
John T. Kontrabecki answered on Mar 1, 2021

This is a potentially messy one. The first question I need to ask is what is the reason he will say he transferred the title to you? You write that he stated on the top of the deed "In dissolution of our marriage." This looks like a property settlement as a result of a divorce. If... Read more »

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1 Answer | Asked in Real Estate Law for Florida on
Q: My father passed away in PR but also has property in FL. Can one attorney represent us on both states?
Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 1, 2021

Only if that attorney is licensed to practice in Florida as well as in Puerto Rico (which is not a state, by the way).

1 Answer | Asked in Real Estate Law for Florida on
Q: How do you hold a Real Property Title in Puerto Rico? do you have Join tenancy, Tenants by Entirety (TBE)?

my mom died, we were 11 brothers and sisters and three of them died. If we sell the house, do we share the proceeds with the children of the disease?

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 1, 2021

Why don't you ask this question in Justia > Ask a Lawyer > Puerto Rico? the fact that you may be in Florida doesn't make any difference how this question would be answered. The law may be different in every state or territory, as well as in Commonwealth of Puerto Rico.

And...
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1 Answer | Asked in Family Law and Real Estate Law for Florida on
Q: I. My ex husband stayed in marital home. He was to refinance and take me off deed. Never did. I didnt right split equity

We verbally discussed if sell he buys me out. I paid mortgage 16 years and 5 months after I left.

The house has a contract for sale. He didn't pay mortgage nov and dec hurting my credit. Can I refuse to sign deed unless he pays me half equity

Rand Scott Lieber
Rand Scott Lieber answered on Mar 1, 2021

To pursue a legal remedy you need to go back to your marital settlement agreement or final judgment. You either have to follow what the agreement says or go back to court if you cannot agree. If you have a legitimate claim you can file a lis pendens with the court. That will notify any buyers that... Read more »

1 Answer | Asked in Real Estate Law for California on
Q: Do I have a chance at winning over property rights/ occupancy over the house I co-own with my abusive child's father?

I am currently in a child custody dispute with my child's father. We co-own a house as of 2018 (never married) and after two years of domestic abuse I left with my daughter. We share 50/50 custody but am finding it difficult to aquire permanent reasonable housing for myself and my daughter.... Read more »

Yelena Gurevich
Yelena Gurevich answered on Mar 1, 2021

If you were never married, your rights to the property would be based on real estate laws and you have the right to ask the court to partition (i.e. have the property sold now) and have the equity distributed based on title ownership. So if he does not cooperate with you by 1) allow you to live in... Read more »

1 Answer | Asked in Real Estate Law on
Q: Simple property question.

Nick runs a business out of a strip mall. One day, Nick's landlord comes to the business and shows Nick their lease agreement. In the agreement it says that the landlord can evict Nick with one days notice. Then, the landlord says, "So get out by the end of the day tomorrow.”... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 1, 2021

Irregardless of the written lease provisions, the parties are subject to the State Statutes for Unlawful Detainers/Evictions. The Court System takes a little while to restore possession to the owner/landlord after the suit's filing, service, hearing, awarding judgment and issuance of... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Can a county consider your property a mobile home park if you have 2 or mobile homes on it
Anthony M. Avery
Anthony M. Avery answered on Mar 1, 2021

It is possible. But what is the current zoning? And has there been any applications for multi-party, or at least large, septic systems? The Tax Assessor may be wanting to assess some Special Interests, where there is still one tax parcel, but several sub-parcels are apportioned for taxes.

1 Answer | Asked in Real Estate Law for Louisiana on
Q: My mother owned land with her sibling but she passed don't her sharw go to us her children

My aunt own land in toshingo ms but its my moms an uncles as well she paased an i uave a feeling my aunt is fu kin me my sister an brother on our mothers share she sells trees off the land and i nees to know what to do to make this rite

Anthony M. Avery
Anthony M. Avery answered on Mar 1, 2021

You will need a MS lawyer to do a title search in MS to determine who owns it. An Affidavit of Heirship will probably be in order. If the Aunt is a tenant in common, then she can sell the timber. The Tenants In Common may need to file an Action for Partition, and also claim contribution from... Read more »

2 Answers | Asked in Real Estate Law and Probate for Texas on
Q: mother died. Left family home that I’ve lived in for 10 years, to me and brother. He’s executor. He won’t pay 1/2 taxes.

He hasn’t transferred title to us either. I pay all bills since I live here and don’t want to sell. If house was in our names, taxes would be less since I am disabled so my half would be lower. But I can’t pay $12,000 property tax bill alone. What do I do?

Teri A. Walter
Teri A. Walter answered on Mar 1, 2021

You could sue to partition the property, but that would just get the house sold, and the proceeds divided. Otherwise, you're looking at suing your brother periodically for his share of the expenses that you paid.

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1 Answer | Asked in Real Estate Law for New York on
Q: How to remove former owner from property sold by investor to me. Investor purchased from the bank foreclosure. Ejectment

Do you need to start 713(5)notice or 90 days eviction notice or ejectment

Elaine Shay
Elaine Shay answered on Mar 1, 2021

Generally, after purchasing in foreclosure you may remove a former owner through a Housing Court proceeding. It may be tempting to consider serving your own predicate notices. However, even a small error in such notice can result in dismissal of your entire case after months of litigation. In... Read more »

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