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Kentucky Real Estate Law Questions & Answers
2 Answers | Asked in Family Law, Real Estate Law and Domestic Violence for Kentucky on
Q: If my wife invited her parents to our house that we both own. Can I legally say you are not allowed in my home.

My wife’s father has called and threatened me physically. He has now done this for the second time now. Both my wife and my names are on the mortgage.

Timothy Denison
Timothy Denison
answered on Jun 18, 2022

Yes. You can legally not allow them into your home but not sure what damage this does to the marital relationship.

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2 Answers | Asked in Family Law, Real Estate Law and Domestic Violence for Kentucky on
Q: If my wife invited her parents to our house that we both own. Can I legally say you are not allowed in my home.

My wife’s father has called and threatened me physically. He has now done this for the second time now. Both my wife and my names are on the mortgage.

Nick Curtis Thompson
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Nick Curtis Thompson
answered on Jun 20, 2022

If you are not feeling safe and he is threatening you, then you must prosecute the father as fully as possible. Get a restraining order if you need to. If she does not allow you to feel safe or threatens you, you need a divorce. This is no longer a healthy relationship; you are no longer... Read more »

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1 Answer | Asked in Native American Law and Real Estate Law for Kentucky on
Q: I have rights to mineral land and Indian rights as well and I have no idea what to do

My mother was at least half Cherokee Indian and she was born in Menifee County Kentucky to A.R. in 1939. My half sister still lives on the land and she always refuses to give me any information

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jun 15, 2022

You would need to re-post your question under Kentucky since the property is located in Kentucky. The laws are different from state to state. Unless the land is tribal land and your mother was a registered member of the tribe or there is some special law in the State of Kentucky regarding Native... Read more »

1 Answer | Asked in Real Estate Law for Kentucky on
Q: I live in Kentucky and am in the process of buying a home via land contract.

We are using the owners attorney to draft The contract. Is it normal for there to be buyers protection for fire, foundation falls in or any other uninhabitable disaster? I haven’t met to review but I would like to know if something catastrophic happened I wouldn’t be paying for a home I can’t... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Jun 13, 2022

A land contract is only a lease with option to buy. So you will not own anything until you get a Deed. The lessee is never protected in such a contract.

1 Answer | Asked in Consumer Law, Copyright, Real Estate Law and Municipal Law for Kentucky on
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That means we will miss him..3950mhz

Timothy Denison
Timothy Denison
answered on Jun 7, 2022

What is your question?

1 Answer | Asked in Real Estate Law for Kentucky on
Q: A transfer deed was made for an acre of land with a with a first right of refusal clause.

The grantee then transferred the deed to someone else without honoring the FROR. Does this make the new deed void.

Anthony M. Avery
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Anthony M. Avery
answered on May 11, 2022

No but there is a serious cloud on the Title. It might be cured by a Quit Claim Deed from the optionee to the present grantee. Your grantor may have breached a covenant of title.

1 Answer | Asked in Real Estate Law for Kentucky on
Q: I have purchase a house last year was unaware of any deed restrictions or covenants nor was told by the seller oragent

I was going to build a garage on back of the property hire company got permits pour the 24'x40' concrete slab two day after that neighbor came over and told me that we have restrictive covenants so i stop the project.

I dont know what can i do at this point.

Can the... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Apr 29, 2022

Initially you need to hire a competent KY attorney to search your Title. Carefully review any Restrictive Covenants, and determine what can be built without violating them. Remember it is up to others with a legitimate interest (and thus Standing) to sue you for an injunction. You might... Read more »

1 Answer | Asked in Real Estate Law and Probate for Kentucky on
Q: Can I deed a piece of property to my brother immediately after my wife's death if she did not have a will?

My wife and I had a piece of property in both of our names. If she died without a will, can I immediately deed it to someone or does it have to go through probate. If it didn't go through probate, will the deed be legal if I did it anyway?

Timothy Denison
Timothy Denison
answered on Apr 28, 2022

You really need to speak with a probate attorney before you transfer anything. If the deed was held as joint tenants with right of survivorship, you probably can but you need to make sure there are no adverse ramifications if you do.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Kentucky on
Q: We bought land in Ky and was not informed about a cell tower or easement leading to it. What can I do?

Cell company will not pay royalties and say a road splitting our land is an easement. None of this is on our deed.

Anthony M. Avery
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Anthony M. Avery
answered on Apr 5, 2022

You must search your title first, then the tower's. If no conveyances or easements are found benefitting the cell people, then hire a very competent KY attorney to sue for Ejectment, Trespass, Breach of Warranties, amongst other causes of actions. The road may be a Prescriptive Easement... Read more »

1 Answer | Asked in Real Estate Law for Kentucky on
Q: 3 of 4 joint owners are deceased. Does the survivor have sole ownership or do heirs of the other 3 jointly own with him?

Property in Kentucky is in the name of the original owner, who died in 1993 without a will. None of her children lived in Kentucky. Taxes have since been paid by three of her four children, the last of whom died in 2021. Her one surviving child has never paid any of the taxes. By Kentucky law, who... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Mar 23, 2022

You need to hire an attorney to determine Heirship and execute an Affidavit of Heirship. More than likely the surviving child is a Tenant In Common with the Heirs of the other deceased siblings.

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Kentucky on
Q: Does leaving your spouse a house in a Will also include all the acres (farm) attached to the house, it's all on one deed
Timothy Denison
Timothy Denison
answered on Mar 15, 2022

One would have to see the deed to properly answer this question.

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Kentucky on
Q: My mother died without a will. I was named Administrator for her estate in January. We have an offer on her house.

Do I need to go to court to get permission to sell? Do I have to wait a certain time frame to sell?

Timothy Denison
Timothy Denison
answered on Mar 7, 2022

Yes. You must get permission from the court to sell the property. The court will set the time for all sale actions.

2 Answers | Asked in Divorce, Family Law and Real Estate Law for Kentucky on
Q: Temporary exclusive order

I left our home because it was toxic, all my things are still there. Just talking between the 2 of us I told him I’d let him have the house, but I wanted whatever the court decided was my “portion”. He went behind my back and I just got sent a “temporary exclusive use and house... Read more »

Anna Aleksander
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Anna Aleksander
answered on Feb 26, 2022

If you say he went behind your back you may have grounds to file a motion to set aside this order if it is an order, you say it is a letter is it only a demand from his lawyer or an order signed by the judge? You can file a motion to reconsider/set aside 10 days from the date of the order. You... Read more »

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1 Answer | Asked in Real Estate Law for Kentucky on
Q: My girlfriend and I have lived together for 3 years and we are breaking up.

I want to know who gets the house? I paid the down payment and every mortgage payment since we bought the house. I put her on the deed in case anything happened to me. So now that we are splitting up does she own any equity in the house that I have paid for?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Feb 7, 2022

She is apparently a titled owner of some type. If there is not sufficient equity, a Sale for Partition Action will not work. So you might want to offer her a few thousand for her Quit Claim Deed to you now. Have KY lawyer draft the proposed QCD.

1 Answer | Asked in Divorce and Real Estate Law for Kentucky on
Q: What is considered abandonment of a house?

Me and my wife are going through a divorce. She moved out of the house that we lived in about 3 1/2 four years ago. I still reside in the house and I have been keeping up with the upkeep and maintenance this entire time. She has not made a mortgage payment which is in her name only for the past... Read more »

Timothy Denison
Timothy Denison
answered on Jan 31, 2022

There is no abandonment in this case. You have an agreement. You split the sale proceeds. You get half. She gets half. If the nonpayment was not addressed in the property settlement agreement, then it has to be divided equally.

1 Answer | Asked in Contracts and Real Estate Law for Kentucky on
Q: In Kentucky, can a buyer withdraw their offer after seller accepts when contract states only contingency is financing.

I’m selling land in Kentucky with no structures on it. Same realtor representing both parties. Realtor sent a contract from the buyer agreeing to fill asking price, with the only contingency being based on financing. Realtor told me via text the buyers already told her they had financing lined... Read more »

Timothy Denison
Timothy Denison
answered on Jan 30, 2022

If they withdrew bf you signed the contract accepting, the offer was withdrawn. If they withdrew the offer after you signed the contract, then you may have a legally binding contract. However, it also depends whether any consideration was required by the contract (ie down payment or earnest... Read more »

1 Answer | Asked in Family Law, Real Estate Law and Land Use & Zoning for Kentucky on
Q: I own a mobile home that sets on my step fathers dads land. My step grandfather passed away about 3 months ago.

My question is, can I move into the mobile home that is legally mine until the probate is done?

I was told by my aunt that the land will most likely go to the state to pay off the rest of his bills from the nursing home.

Timothy Denison
Timothy Denison
answered on Jan 20, 2022

You need to check with the executor or trix of the estate and get permission. Otherwise, you may have to move the mobile home as it is considered personal Property in Ky, not real property.

1 Answer | Asked in Consumer Law, Family Law, Real Estate Law and Business Law for Kentucky on
Q: Me and my wife got married in July. She lived in housing but I never moved in. Now they want back payment. Is this legal

I have leases from other residents showing I did not live there.

Timothy Denison
Timothy Denison
answered on Jan 10, 2022

Did you sign a lease on this housing? If not, you owe nothing.

1 Answer | Asked in Estate Planning and Real Estate Law for Kentucky on
Q: My father was buying his home in KY on a land lease contract. Can I take over his contract as his next of kin?

My dad died last week in Kentucky and was very close to paying off his land lease contract. I think he only has about $4,000 left to pay. I am his only child and next of kin. Can I pay off the contract and get ownership of the property?

Timothy Denison
Timothy Denison
answered on Dec 26, 2021

Yes. You can.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Kentucky on
Q: I was moms POA in process of selling house when she passed. no will can I continue with the sale?
Timothy Denison
Timothy Denison
answered on Dec 8, 2021

No. You will have to open probate and get appointed as the administrator before you can sell it.

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