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I purchased a home with my parents in 2018, splitting the down payment equally. Since the purchase, I've been solely responsible for all mortgage payments, HOA fees, and utility bills. Despite trying to repay my parents for their portion of the down payment, they have been unresponsive. They... View More 
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answered on Feb 19, 2025
No... You are paying off someone else's note. Owners could take possession from you. Try to buy it from them subject to the secured note and mortgage. But you will need the lender to okay you becoming the liable party. A refinance and purchase might be in order.
I would rather not officially split and subdivide the property. I would like to keep the whole piece in tact yet give my kids who would like to build on the property actual ownership. They also do not want to spend money to build without having ownership.
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answered on Sep 5, 2024
If descendants want to own land then you will have to survey it into multiple tracts. Then hire a very competent lawyer to draft future interest deeds for each tract. Ask him to explain various estates, like: life estate remainder; contingent remainder; executory interests; reverter; and... View More
In my ongoing estate case heard in a judicial district of a county, my motion was denied by the judge, who based the decision on a law traditionally associated with estate law. However, my motion was supported by a different law that pertains to business, religion, real estate, and land law. Can a... View More
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answered on Apr 18, 2025
Your question is far too broad to give an answer. But judges often adjudicate a case based on laws that one party may not feel are controlling, and this happens alot in Probate. The losing party can file a Rule 59 Motion or an Appeal. Consult quickly with an ID attorney as time is running.
In Idaho, I have proof of a driveway easement dating back to 1970 for access to my otherwise landlocked property. Although my deed states "no deeded access," a mortgage was secured on the property in 1988. Recently, I was denied a conventional bank loan due to the lack of deeded access,... View More
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answered on Apr 13, 2025
In your case, the neighbor's refusal to recognize a documented easement could potentially amount to slander of title, but there are a few important factors to consider. Slander of title typically occurs when someone makes false claims about a property that harm its value or marketability. If... View More
My mother-in-law has her name on the property and house, which she inherited from my grandmother-in-law who passed away last year. My husband pays all the bills, and there is no mortgage or written agreement concerning the property. We are wondering if it's possible to have the property and... View More
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answered on Apr 12, 2025
To transfer the property from your mother-in-law to your husband in Idaho, the most straightforward method is for your mother-in-law to sign a deed transferring ownership to your husband. This process would typically involve drafting a new deed, such as a quitclaim deed or warranty deed, depending... View More
I am currently on a lease with my ex-boyfriend that ends in July, but I no longer live in the rental due to his emotional abuse. I have the opportunity to pay $250 to get out of the lease, but my ex-boyfriend and his roommate need to sign off on it, and they are refusing to do so. What can I do to... View More
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answered on Apr 12, 2025
If your ex-boyfriend and his roommate are refusing to sign off on the lease termination, the situation becomes more complicated, but there are still ways forward. You are legally responsible for the lease, but you may be able to negotiate with the landlord for an easier exit. If the landlord is... View More
I had my vehicle parked on my private property in Idaho when the police came due to a fire and issued me a ticket for having wheels that were too wide and required a vehicle inspection. There was no proof the vehicle was on a public roadway, and there were no prior warnings or issues with law... View More
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answered on Apr 12, 2025
In Idaho, laws typically regulate vehicle modifications for public roadways, but private property generally doesn't fall under the same regulations unless the vehicle is being operated on public roads. Since your vehicle was parked on private property and not being driven, it seems unusual for... View More
I paid a landowner with a certified check for a small strip of land, which has no utilities or buildings, based on a recorded survey. However, there is no written agreement, and the landowner accepted the money but is refusing to sign any documents. Is this legal, and what can I do about it?
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answered on Mar 31, 2025
Your agreement violates the statute of frauds. Hire an ID attorney now to sue him in equity. Apparently you do not even know if that guy is an actual owner, so search the title. Get a copy of the honored check. It might be considered a memorandum.
I have a title loan in Idaho with a remaining balance of $3,900. I am on SSI income and can no longer afford to pay the loan. I'm also no longer driving the car associated with the loan. The lender has warned that if I default, they will obtain a judgment and attempt to take my SSI income, but... View More
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answered on Mar 23, 2025
Hire an ID attorney to determine your State Exemption Rights, as well as how to protect SSI benefits. Once that SSI is in a bank account, it might get garnished.
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answered on Sep 27, 2024
When your dad built a house on someone else’s property, it complicates matters legally. The key issue here is that the land belongs to someone else, and ownership of a house generally follows ownership of the land it’s built on. Unless there is a specific agreement or legal documentation that... View More
he was asked to leave and he kept asking who was there if they were in campers and he was not answered then a week later the house that my friends had a lease on all sudden there was ppl saying it was condemned and then boreded it up the person with the lease presented the lease they gave her 2... View More
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answered on Jul 27, 2024
It sounds like you're in a difficult situation. The authorities' actions can feel abrupt and confusing, especially when there seems to be a verbal agreement and a lease in play. From your description, it appears the property may have been condemned due to safety concerns, which can lead... View More
I need to clear a land deed, evidently the only way to do that is to allow it to go up for auction for back taxes and then bid on it myself. I want to find out if this is true, etc.
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answered on Jul 5, 2024
Hire an ID attorney to search the title and advise how to clear title. If it goes to a tax sale you will need him to get you a deed or make a redemption. Sometimes tax sales do not help you either.
The HOA Board thinks that the HOA Board authority to make any rule if the CC&R says they can make rules. I think it means that the rule they are trying to enforce has to be in the CC&R
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answered on May 22, 2023
I am not licensed in your state but I read Idaho Code IC 55-3206(1) and I believe, in essence, it says that if someone is part of a homeowner's association (HOA) in Idaho the HOA cannot fine them unless their ability to do so is clearly written into the Covenants & Restrictions. And, if... View More
CC&R Declarant had 'Pending' sale contract but defaulted to another buyer. No reference to original owner (grantor) knowing of CC&R's placed nor 2nd Buyer (dissolved 'Pending' sale agreement). If Title not 'conveyed' and no 'power of attorney'... can these CC&R's be legal?
answered on Mar 30, 2023
Yes. The CC&R's are not dependent upon any, individual sales of the subdivision which is subject to the CC&R's.
Need to transfer real estate from intestate decedant to the Estate per Personal Representative
answered on Mar 30, 2023
In about 1976, the Idaho Legislature adopted the Uniform Probate Code. It is called a "uniform code" because all 50 states adopted it in some way or another. If you are the eldest son or the surviving descendent, what you'll need to do is to file for a "Small Estate... View More
Now that he's been convicted and incarcerated, do I need a lawyer to get a release or can I do this myself ?
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answered on Mar 2, 2023
Contact the Court Clerk that you put up as the Beneficiary of the Bond. If you made a private mortgage, then you can ask the mortgagee to release, but it may cost you money. Sometimes a Declaratory Judgment Action is needed to remove the Lien.
We sold our home March 2021. We approached the realtor who sold us our home about selling it. We told her the amount we needed to make from it and if she couldn't then we would go another route. She assured us she could. Here is the problem, she neglected to write in our contract that if the... View More
answered on Jan 2, 2023
You are correct in assuming that it IS your written "Listing Agreement," which governs the outcome of your lawsuit. You are unfortunate also, as because you are limited to the "written document," between you and the RE Agent, you will NOT be permitted to offer testimony on what... View More
a water meter installed a few months after they took over. The installer took my heat tape off the water pipe. Last week the installed assembly froze, now the land lord want's me to pay for the repair. The installer did not do quality work as relaiyed to me by the repairing plummer.
answered on Dec 28, 2022
The Idaho law on landlord/lessor law is that the lessor must provide you with water, power and heat. If the new owner wants to do away with the internet due to whatever reason, that's his prerogative. You should speak to the new park manager and document the damage to the assembly and ask... View More
I say purchase price plus equity/ % of contribution to down plus down is equitable
answered on Dec 10, 2022
Idaho has NO MORE common law marriages. Those were abolished more than 10 years ago. So this is more simple that community property law principles or even old, common law principles. Essentially you have a joint ownership situation. The departing partner is absolutely correct. He is owed 50% of... View More
Neighboring owner is selling us 4.6 acres that attaches to our property.
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answered on Nov 23, 2022
If there is a Lien against the real property, then it remains despite any number of conveyances. It is not released because the lot becomes part of a larger tract.
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