Terrence H Thorgaard's answer The answer depends on whether, under the law in your jurisdiction, adverse possession can be asserted even though the owner is aware that that owner's improvements (a fence, in this case) are encroaching upon the neighbor's property. In most jurisdictions, adverse possession doesn't apply under these circumstances, and the new owners would not prevail.
Terrence H Thorgaard's answer Unless there is a covenant of some sort with the other property owner, or applicable building codes and the like, you have no responsibility to maintain the fence. Who told you that maintenance is your responsibility? I would ask that person to document that statement with a copy of any such covenant, contract, deed restriction, etc.
Benjamin E. Golden's answer This is a complicated issue that should be handled by an attorney who is familiar with HOA law. There are many potential facts that the answer to your question depends upon. When you say there were no lien holders, do you mean that the HOA had not recorded an affidavit claiming delinquent assessments before the deed into your name was recorded? If there was not such an affidavit filed, this is a fact in your favor. Next, does the association require resale certificates for property that is...
Terrence H Thorgaard's answer There is something wrong with your math: I think you mean that each of the children should have received 1/6 interest in the home.
Anyway, I don't believe we have the full story here. A court action for the property taxes would not, to my knowledge, result in a modification of the title once the taxes were paid. In other words, if the tax case started with you owning a fractional interest, and the taxes due were paid, you would still have the same fractional interest (1/6 for each...
Terrence H Thorgaard's answer It depends on how the deed is worded. If it is "[both names] as joint tenants with right of survivorship", that would be easier. Otherwise, you probably have to petition the probate court. Confer with an attorney in your state.
Terrence H Thorgaard's answer It appears that her daughter needs to file a probate petition with the court. It is only through probate will the property be transferred to the rightful heir. If this is done, the mortgage company will have no say in the matter of the transfer of title to the daughter (or whomever is the rightful heir).
As far as re-financing the house, the daughter (or whoever inherits it) probably should go to another bank or mortgage company, and avoid the runaround which this one gave you ex-wife.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to...
Nancy Hui's answer Based on what you described, the house is a separate property since it was bought before marriage. The fact that community fund was used to pay off the mortgage does not give rise to converting it into community property. However, you, as a surviving spouse, may have a claim to his estate for your share of the community fund that was used to pay off the mortgage.
Nancy Hui's answer I assume you mean the title is in the estate of a deceased. In that case, title of the house can only be transferred to the heir of the estate. Is there a will? If there is one, then you need to look at the will and see to whom the deceased gave the house to. If there is no will, then someone will have to ask the court to determine who is the proper heir to this house based on the state law. Just living In the house and paying taxes do not give you the legal ownership. If it is determined that...
Nancy Hui's answer The fact that your spouse is not a TX resident has no bearing to the answer. the fact thar you bought the house while you were single means it is your separate prioerty. Your spouse therefore has no say in selling the house. However, if you have used community fund to pay for another related to the house, eg. Repairs, mortgages, furniture etc, then spouse has a claim on his share of fund that was spent in the house.
Nancy Hui's answer Don't think so. It is consider practice of law. If you are not a licensed attorney, you will have committed unlicensed practice of law by probating a will as muniment of title. You will need to hire an attorney to represent you.
Nancy Hui's answer She (or you) will need to initiate some sort of probate proceedings to settle his estate before any assets can be sold. The exact nature of the proceeding will depend on the type of assets (e.g. separate, marital, real or person, if there is any right of survivorship etc), family situation and goals of the family. You should consult with a probate attorney to get answers to your specific situation.
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