My fiance and I have agreed to purchase a home in an unmarried status. My credit score was low so we decided to have the loan in his name. The home won't be available until June. How can I secure myself in the event of a breakup? We both put money in on the deposit. If he decides to... Read more »
I assume have have not closed on the house. If so, then part of preparing closing documents is a deed which is basically a title, a document showing ownership to the property. Make sure your name goes on this deed. A lawyer will be drafting this deed to transfer ownership from seller to purchaser....Read more »
He was 3 months behind on lot rent & I was to pay 250 over to go towards his arrears $650 lot rent and 250 towards his arrears that will pay for trailer, for a cost of 2000. I was to move in and do repairs and start paying on the 1rst. And he was to just add me as a roommate in the trailer park... Read more »
In Virginia, all tenants of residential housing have rights under the Virginia Residential Landlord Tenant Act, which was recently revised on July 1, 2019. Generally, a landlord must give written notice to a month-to-month tenant before going to court to seek an order of possession in order to...Read more »
Adverse possession is one of the more complicated areas of real estate law. You need to consult a real estate litigation attorney This forum is designed and good for simple, general questions that will get you to the 'next step' for legal situations. Sometimes all people need is a simple answer....Read more »
In 35 years of practice, I've never seen this issue. Interesting. Plainly, you need to file some equivalent action to a Quiet Title action, and you'd probably name that a Complaint for Declaratory Judgment. But, I'd need to hit the library as to how to clear title to a residential trailer. I though...Read more »
I'm convinced that the limited common elements associated with each unit (in our case the patio is the area in question) belong to the Association while only the upkeep therefore is the responsibility of the unit owner. We have may unit owners that insist that they own the patio and do not have to... Read more »
issues. We knew that my credit score wasn't high enough to be on the loan and agreed to proceed. The loan will be in my fiance's name. If we break up prior to the completion of the home what are my rights as far as my share of the deposit.
My father was my grandfather's executor and my aunt and uncle were the administrators. My father passed away and I became his executor of estate and I am his only heir. Does his role as executor for his father's estate come to me? Or does it cancel him out and only the two administrators are left?... Read more »
There is a whole lot of information you didn't provide - and you're in a complex situation. Before you make any (more) mistakes consult an experienced probate lawyer for an overview of all estates and advice on how to handle them.
i was once on deed and have lived here for 20 years and removed my name due to divorce never had an agreement due to i had already paid my half, owner passed and family selling property, do i have any rights?
A lawyer would need to read the deed, the divorce decree and settlement, and any other agreements related to the property in order to evaluate your situation. If you were merely a tenant by sufferance, your rights are quite limited in Virginia.
The financial conservator sent me a letter saying that since i paid for the funeral then as reinbursment of the estate that i could take the trailer. I dont want the trailer. It would cost way more to have it moved off the lot then what i paid for the funeral. if i dont sign her form, then what... Read more »
Why don't you start with explaining that to the personal representative (PR), noting that you would like to be reimbursed for the funeral expenses, and the trailer won't accomplish that. If the PR is acting fairly and honestly, you will detect that immediately. If not, you might need to file a...Read more »
Grandma was sick and stayed with daughter in NC a few months b4 her death in NC. Do you have to probate both states, if Grandma was just there temp due to sickness. Executor died and no co-exc named in will, however; Grandma's will states heirs split property equally. What are the next steps to... Read more »
If Grandma was a resident of Virginia, as can be shown by a variety of indicators, like where she had residential property, where she had a driver's license, where she paid utility bills, etc., then the probate is where she resided. Temporary residence during a terminal ailment doesn't change...Read more »
Prior to buying we checked records for crime and work permits and only found a few permits but nothing major for work completed. AFter moving in and by chance our gas line was being replaced by the city and the worker mentioned the fire. We asked the neighbor and it was confirmed and mentioned it... Read more »
If there is a latent defect, you may have a cause of action, but it needs to be latent, and it needs to be a defect. If there was something wrong with a house, like a fire, and it was fixed, it's not a defect. If you could see it upon diligent inspection, it isn't latent. It sounds like you are...Read more »
Older kid and the gave the rest some money for it-the house. Grandma was still in the house and so was one of my aunts who helped Grandma. Grandma passed away in 1998 but the older sibling had an arrangement to let my aunt be in the house the rest of her life or till dhe decided to move. The older... Read more »
This is the result when laypeople avoid lawyers by having ambiguous understandings that transcend generations. Without reviewing the title and all correspondence, whether signed and on paper or by email, text, checks exchanged, or otherwise, I don't know what rights your aunt may have. At very...Read more »
My grandfather passed away in late 2019. His will says that all belongings should be divided equally between the 4 children. My uncle is named executor but he has yet to file the will into the probate court. Can he try and sell my grandfather's home to a family member for half of fair market value... Read more »
In Virginia, real estate passes outside of probate. If the unappointed executor is acting in derogation of the Will, and the Will has not been filed, you need to file the Will and move to appoint an Administrator cum testamento annexo (c.t.a.). This needs to happen now and it wouldn't be a bad idea...Read more »
I'm assuming the septic pipes and tank are on your property. Obviously, you cannot trespass to disconnect another person's house from his own septic system. It would be a very good idea to start with a title search to look for easements to access the septic system on your property. For safety, I'd...Read more »
The term the law uses is 'life tenant' which means that that individual has the right to live on the property for their life; those who then get the property on death of the life tenant are called 'remaindermen' or 'remainder interest' (think of 'what's left after the life tenant dies'....Read more »
I am a resident in Richmond, VA that has been overcharged in rent by our apartment complex. According to our lease, we are to pay $1607 per month in rent. We have been paying $1689 in rent alone for 11 months. We’ve also been overcharged late fees and attorney fees based on the incorrect rent... 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.