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West Virginia Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for West Virginia on
Q: Where can I find case law on West Virginia life estate?

I am the remainderman of a life estate. I'm trying to recover the taxes that I paid for the life estate holder.

Anthony M. Avery
Anthony M. Avery answered on Aug 12, 2020

You will need to hire an attorney to see if there is a cause of action against the life tenant for contribution. But the taxes are against the land which both of you own. So either of you must pay the taxes or you lose the land. Probably the only way to recover your paid in taxes is a Petition... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for West Virginia on
Q: Can I get my sister off the deeds land/house in WV. I'm the only one paying the taxes since my parents passed away 2012

My parent passed away 2012. We Auctioned everything expect for almost 100 acres of land and 1 house with land. My sister has been on drugs, in and out of jail. The house and land are still in the estate with the sheriff office in Randolph county WV. Because there was no will an we could not figure... Read more »

David Ostrove
David Ostrove answered on Mar 5, 2020

You may be able to gain title by adverse possession, but you really need an opinion from a WV lawyer. All property law is state law. All best wishes.

1 Answer | Asked in Real Estate Law and Estate Planning for West Virginia on
Q: Can a grantee in a jointly survivorship deed will their share of property to heir?

Deed of mother(deceased) granting right of survivorship to myself,brother,sister. Brother that is ill, deeded in will his third of the property to his son. 78 acres was supposed to be equally divided between the three of us with the property going to last survivor as stated in deed. Have not seen... Read more »

Nina Whitehurst
Nina Whitehurst answered on Feb 11, 2020

A joint tenancy cannot be broken by a will. When one of the siblings dies his or her share will pass to the others pursuant to the survivorship aspect of the existing vesting.

1 Answer | Asked in Tax Law and Real Estate Law for West Virginia on
Q: What are the options to avoid paying a significant amount of taxes on a flip profit of approximately $60,000 each?

A friend and I plan to purchase a property from an individual who owes taxes on it and cannot pay them. We would purchase it for $15,000 and plan to invest $30,000 to renovate it. I have read about short term gains and taxes owed when owning it for less than a year, 1 year or no taxes if it was... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Dec 20, 2019

You've successfully confused all the tax rules at one time. I'm a little impressed.

1. Personal residence exclusion is not an option unless you want to move into it and live there as your primary residence for at least 2 years.

2. A house is a capital asset so if you own...
Read more »

1 Answer | Asked in Criminal Law, Real Estate Law, Animal / Dog Law and Civil Rights for West Virginia on
Q: officer brings a warrant for your arrest and does not tell you you're under arrestt or read you your rights is it legal

The search warrant had fun filled in blanks

Gary Kollin
Gary Kollin answered on Aug 18, 2019

Was it an arrest warrant or a search warrant? What does fun mean?

Unles a statement is being taken from you, then rights do not have to be read. Urban legend

1 Answer | Asked in Contracts and Real Estate Law for West Virginia on
Q: How does a cash sale work on a for sale by owner home, selling AS IS?

I own a home in WV outright. I have it listed AS IS for sale by owner online and someone gave me a cash offer. I inherited the home and I have never bought or sold a house so I'm not sure how this works. What steps do I need to take to go through with the sale and how do I protect myself... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 16, 2019

The first step you take is to hire a lawyer to advise you before you screw up this deal for good.

1 Answer | Asked in Contracts and Real Estate Law for West Virginia on
Q: I'm interested in selling, on installment payments, vacant land in West Virginia that I own outright.

I would prefer to use a Land Contract with installment payments specified and a forfieture clause defined. The land contract would not be recorded. Conveyance would only occur after all payments were made as defined in the contract. If the Buyer defaults on the contract due to non-payment, is a... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 6, 2019

Unless West Virginia is way behind the times you should know that the use of unrecorded land contracts (a/k/a contracts for deed) for the sale of land owned free and clear are getting more and more rare--probably because the land buyers of today are becoming smarter and smarter. But hey: if you can... Read more »

1 Answer | Asked in Real Estate Law, Arbitration / Mediation Law and Landlord - Tenant for West Virginia on
Q: I bought a home 10/2018 cash, personal money. I put my g/f's name on title/deed with me. Can I have her taken off?

She has/had $0 income nor input into home.

Thomas A. Grossman
Thomas A. Grossman answered on May 24, 2019

Unfortunately putting your girlfriend's name on a deed is like giving her a half ownership interest in the property. I don't think you can get her off of the deed unless you buy her out. Hopefully you can work it out with her, but be sure that you have a written contract drawn up... Read more »

1 Answer | Asked in Real Estate Law and Small Claims for West Virginia on
Q: House seller intentionally did not disclose active water leak, what should I do after house purchase?

Hi, I live in West Virginia and recently purchased a house. However, after we moved in, we found that there is an active leak in the master bathroom that's very serious, the repair estimate is around $7000. The seller seems to be aware of this active leak but did not disclose this condition in... Read more »

Richard Sternberg
Richard Sternberg answered on Jan 30, 2018

Get a lawyer in West Virginia where the home is located. In other states where I practice, a material misrepresentation to a consumer in a real estate advertisement can result in treble damages, punitive damages, attorneys fees, and costs. I practice in VA, MD, and DC, but I know I have someone in... Read more »

1 Answer | Asked in Personal Injury and Real Estate Law for West Virginia on
Q: I can't get answers from a insurance company who customer destroyed my porch ,etc. 3 weeks ago should I get a lawyer?

They have already sent in two adjusters and all I keep getting them to tell me is they havn't received papers from them yet . not only did my 31 ft. porch collapse but it done something to my foundation under my living room

Adam Studnicki
Adam Studnicki answered on Feb 12, 2016

A strong letter from a lawyer might help.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem...
Read more »

1 Answer | Asked in Real Estate Law for West Virginia on
Q: Quitclaim deed. Can it help me get a property that was shared with my ex husband off my credit history?

Property, per our divorce decree, was not meant to be kept by either party. Ex husband had 2 years to sell it but has not and it is now 6 years later. This property is hurting my debt to income ratio and hurting my ability to obtain a house, new car, etc.

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 25, 2015

In the title to your question contains "Quitclaim deed". If you are trying to ask whether using a QCD to transfer your interest in the property to you ex-husband will affect your credit score, no. You owe on the mortgage note, whether or not you are on the title. That would not change.... Read more »

1 Answer | Asked in Real Estate Law for West Virginia on
Q: I was placed on the Deed 3 years after my parents got their mortgage. My Mother died. My father stopped making payments.

I was placed on the Deed 3 years after my parents got their mortgage. My Mother died. My father stopped making payments. The house is nearing courthouse sale. I was never placed on the mortgage and I don't think the bank was ever notified that I was placed on the Deed. How can the bank take... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 11, 2015

If your parents transferred a half interest in the property to you, it was done subject to the bank's interest. By the way, the transfer may have been prohibited by a "due on sale" clause in the mortgage. In any event, simply because your parents transferred an interest in the... Read more »

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