Lawyers, Answer Questions  & Get Points Log In
Ohio Real Estate Law Questions & Answers
2 Answers | Asked in Contracts, Estate Planning, Real Estate Law and Probate for Ohio on
Q: My grandmother gave her house to her first born grandchild without a will just word of mouth. My father was suppose to

Inherit some land but has passed away. The land would have gone to my mother who also passed away. My cousin wants my siblings and myself to sign a deed gift receipt so she can own the land free and clear (she said a surveyor determined the land my father would have received and her house have been... Read more »

Joseph Jaap
Joseph Jaap
answered on Nov 30, 2022

If grandmother, father and mother all have passed away, and their estates were not submitted to the probate court in the county in which each lived, and because they owned real estate, then that is a big mess that will require an attorney to help sort it all out by opening the estate of each with... Read more »

View More Answers

2 Answers | Asked in Contracts, Estate Planning, Real Estate Law and Probate for Ohio on
Q: My grandmother gave her house to her first born grandchild without a will just word of mouth. My father was suppose to

Inherit some land but has passed away. The land would have gone to my mother who also passed away. My cousin wants my siblings and myself to sign a deed gift receipt so she can own the land free and clear (she said a surveyor determined the land my father would have received and her house have been... Read more »

Aaron Epling
Aaron Epling
answered on Nov 30, 2022

Land generally does not pass by word of mouth. If your cousin wants you to sign something, then you are probably entitled to a share of the house. Use Find A Lawyer above!

View More Answers

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: We live in an OH duplex that is being sold. We have no lease. After year one they go M2M. Do we have any rights to stay?

The other tennant is new and has a lease until July of 2023. If the new owner wants to live in one half are we the one's that will be forced out? Our 13 year old is in special classes in this school district as well as counseling. It took a whole year to set up these badly needed services.... Read more »

Joseph Jaap
Joseph Jaap
answered on Nov 22, 2022

Without a written lease, a tenant is in a risky position. A month-to-month tenancy can be terminated by either tenant or landlord at the end of any rental period (typically the end of the month) by giving at least 30 days notice in writing to the other. If landlord gives notice, and tenant does... Read more »

1 Answer | Asked in Real Estate Law, Consumer Law and Contracts for Ohio on
Q: I sold a mobile home to a guy, He paid me cash for it. We agreed it had to be moved off the property it is sitting on

The buyer got a permit and hired a company to move it.

The company came and took the wrong trailer. They brought it back.

Then they called the buyer and told him that the trailer he bought was unsafe to move.

The trailer I sold to buyer is in better shape than the trailer... Read more »

Joseph Jaap
Joseph Jaap
answered on Nov 18, 2022

He would have to sue you for breach of contract or on some other basis such as fraud, and the judge would determine if you have to return the money. If there is no written contract or anything else in writing to confirm what was agreed between you both, that would make the court case more... Read more »

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Ohio on
Q: I have a mental health illness and I want to break my lease less than 24 hours of moving in. Am I able to do so?

I took the keys on Friday November 11th around 3:30 pm and by Saturday the 12th at 11:00 am I told the property manager I wanted out of my lease. I signed a 12 month lease, and the place gives me severe anxiety to be in the unit, I haven’t moved all my belongings in yet, and I have 2 cats... Read more »

Joseph Jaap
Joseph Jaap
answered on Nov 15, 2022

A tenant can try to negotiate a lease termination with the landlord, but the landlord doesn't have to agree. The tenant wouldn't have a good basis for termination, unless a court finds tenant was not mentally competent to sign a lease. A tenant is not required to move in, but if tenant... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Ohio on
Q: In Ohio, is a Property Owners Association allowed to revoke owners gate pass access for past due annual fees?

1. No notice given about late dues and or gate access being revoked. 2. There are two gates one is automatic which can only be opened by a gate access card or by a key fob whether you're entering or leaving as well. The other gate is chained and locked shut with no keys given to property... Read more »

Joseph Jaap
Joseph Jaap
answered on Nov 14, 2022

It is very unlikely that a judge would allow that. But you might need a judge to put that in writing. Use the Find a Lawyer tab to retain a local real estate attorney who can review the homeowner documents, contact the board on your behalf to demand access, and file in court if necessary.

1 Answer | Asked in Estate Planning and Real Estate Law for Ohio on
Q: If I record a new OH property deed, will it sever the survivorship tenant rights created in the prior deed?

The new deed contains express language that I do intend to preserve the survivorship tenant rights, rather than severing those rights.

Nicholas P. Weiss
Nicholas P. Weiss
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.

1 Answer | Asked in Real Estate Law for Ohio on
Q: I live in Ohio. My husband and I are both on the deed. He wants to allow someone to hunt and I don't. How does this work

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?

Joseph Jaap
Joseph Jaap
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...
Read more »

1 Answer | Asked in Real Estate Law for Ohio on
Q: I'm co-owner of two time shares. Is there a way I can remove me from the deed(s). Is it possible to do a quit claim?

The other party is being very uncooperative and will not answer calls or letters...

Nicholas P. Weiss
Nicholas P. Weiss
answered on Oct 19, 2022

Yes, you can quit-claim your interest in the property to the other co-owner.

1 Answer | Asked in Real Estate Law for Ohio on
Q: I live in Ohio I found an 1947 easement that allows me to have foot traffic across my neighbors parcel. mentioned 1974

the easement was restated in 1974 then no ,mention to date. would the easement still be valid ?

Joseph Jaap
Joseph Jaap
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... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: I'm living in a house that was recently sold and I'm wondering what my rights are

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

Joseph Jaap
Joseph Jaap
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.

1 Answer | Asked in Real Estate Law and Divorce for Ohio on
Q: If my husband purchased our home before we were married, and I am not on the mortgage, am I also financially responsible

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?

Joseph Jaap
Joseph Jaap
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... Read more »

1 Answer | Asked in Real Estate Law for Ohio on
Q: How do I get my late mother off a co sign of mortgage, which is now paid off, so I can get a home equity loan?
Nicholas P. Weiss
Nicholas P. Weiss
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.

1 Answer | Asked in Probate and Real Estate Law for Ohio on
Q: How can you transfer title to heirs when property is passed intestate without going through probate in Ohio?

The time to go through probate in this case has passed so I am looking for other options to pass title

Joseph Jaap
Joseph Jaap
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.

1 Answer | Asked in Real Estate Law for Ohio on
Q: I own my house with no mortgage or house payment I put my girlfriend on deed & she got a loan on house & im not on loan.

I want her off deed & not sure how to go about it

Joseph Jaap
Joseph Jaap
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... Read more »

2 Answers | Asked in Real Estate Law for Ohio on
Q: If I share a deed to a house with my spouse, and her mom's over and i dont want her over, can i have her mom trespassed

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... Read more »

Joseph Jaap
Joseph Jaap
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... Read more »

View More Answers

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Ohio on
Q: The property was sold under land contract. I have lived here 11 years verbal agreement that I stay but now buyer renig .

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

Moshe Toron Esq
Moshe Toron Esq
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...
Read more »

1 Answer | Asked in Real Estate Law for Ohio on
Q: Can land in Ohio ever be conveyed without dower rights released?
Joseph Jaap
Joseph Jaap
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... Read more »

1 Answer | Asked in Real Estate Law and Small Claims for Ohio on
Q: neighbor is blaming us for breaking there fence and we have no idea what happen when the house has been empty

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

Joseph Jaap
Joseph Jaap
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... Read more »

1 Answer | Asked in Real Estate Law for Ohio on
Q: How do i buy a house in a dower state when i dont know where my husband is?

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... Read more »

Joseph Jaap
Joseph Jaap
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,... Read 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.