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Real Estate Law Questions & Answers
1 Answer | Asked in Family Law and Real Estate Law for California on
Q: My boyfriend and I are separating and we bought a house together. He won’t sign so we can sell the house
Anthony M. Avery
Anthony M. Avery answered on Dec 7, 2021

Hire an attorney to file an action for a Sale For Partition

1 Answer | Asked in Foreclosure, Land Use & Zoning and Real Estate Law for Alabama on
Q: I have an issues with foreclosure…I inherited the land but it has a mortgage from the previous land lord do I have to

Pay it ?Additionally I’m waiting for the title to the land

Anthony M. Avery
Anthony M. Avery answered on Dec 7, 2021

The mortgage note is not your obligation. But the mortgage secures the payment of the note against the land...If unpaid, then foreclosure occurs.

2 Answers | Asked in Real Estate Law and Tax Law for Michigan on
Q: Girlfriend and I own 2 properties together, she lives in one I live in another. Can we both get homestead exemption?

Both houses are in the same city in Michigan. We own them as joint tenant in common with right of survivorship.

Kenneth V Zichi
Kenneth V Zichi answered on Dec 7, 2021

Your question has a 'fatal flaw'.

There is no such thing as 'joint tenant in common with right of survivorship'. You EITHER own as 'tenants in common' OR you have 'rights of survivorship', It can't be both. Tenants in common implies there is no...
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1 Answer | Asked in Tax Law, Estate Planning and Real Estate Law for Michigan on
Q: Is there a way to pass on a property my S. Corp owns to my children without uncapping property tax?

I am the sole owner of my S. Corp.

Kenneth V Zichi
Kenneth V Zichi answered on Dec 7, 2021

You have asked a fairly complex question that requires the review of both a lawyer and a tax specialist (that may be one person or if you have a tax accountant it may be two).

Off hand, I'd say it depends on what the property is used for. Residential? Commercial? Rental? And what does...
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1 Answer | Asked in Contracts, DUI / DWI and Real Estate Law for California on
Q: Does a DUI arrest before closing on a mortgage invalidate previous sworn statements on application?

I signed paperwork to complete a SBA mortgage loan and said NO that I had never been arrested. After sending in the documents, but before closing, I was arrested for DUI. Should I amend my paperwork? I don't want to knowingly mislead, even though at the time I signed there was no problem. It... Read more »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Dec 6, 2021

Of course the devil is in the details, what you signed and how it is phrased, generally if everything your answered was true when you signed the document you should be fine. You might check with your realtor for an additional opinion.

2 Answers | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for Washington DC on
Q: Hello, I am a landlord in Washington DC and need advice on how to deal with my HOA and my tenant.

My tenant is renting via the Housing Choice Voucher Program. Lease started March 1, 2021. He pays rent on time, keeps unit clean and I haven't had any problems. The neighbors have complained about his noise levels and says he has become a nuisance, aggressive and harrassing. Board called a... Read more »

Laurence L. Socci
Laurence L. Socci answered on Dec 6, 2021

I am a DC landlord/tenant lawyer. As long as the tenant is not violating his lease, you cannot evict him. The evidence you discuss is not sufficient to warrant eviction. As to whether or not they can fine you, that depends on what is in any agreement you have with the Board. You will likely have... Read more »

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1 Answer | Asked in Real Estate Law for Louisiana on
Q: I inherited a home 20 years ago and just found out about it. A relative has lived there. Am I responsible for liens?
Randy Bryan Ligh
Randy Bryan Ligh answered on Dec 6, 2021

More information is needed to respond to your question including the nature of the liens, when the liens were recorded, against whom the liens were recorded. Since your post implies probate or a succession has not occurred to transfer something which could have been transferred 20 years ago, I... Read more »

1 Answer | Asked in Real Estate Law and Probate for California on
Q: After filing an affidavit of death of joint tennant,DOES A WIFE NEED TO FILE A NEW DEED AS GRANTOR AND GRANTEE?
D. Steven Yahnian
D. Steven Yahnian answered on Dec 6, 2021

No. The recording of the affidavit of death of Joint tenant is the same as a deed from the deceased spouse to the surviving spouse. No further deed is necessary unless the spouse creates a living trust and then transfers title to the property to that new living trust.

The same rule applies...
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1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for North Carolina on
Q: I’m in need of a lawyer that handles family estates, but I’m unsure of what type of lawyer I would need please advise?
Ben Corcoran
Ben Corcoran answered on Dec 6, 2021

Any lawyer can assist with an estate, however, I would advise hiring one that specializes in estate planning/probate.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: I live in NC and I owned my house before I was married. Can I sell it without her permission?
Ben Corcoran
Ben Corcoran answered on Dec 6, 2021

If you are currently married, unless you signed a free trader agreement or some other form of prenup, no you cannot sell the property without your spouse joining the sale.

1 Answer | Asked in Real Estate Law for Kansas on
Q: I had someone too be a POA and and they took a lot of things out of our house but is there anything that I can do. Shor

Shortly after we wrote her POA she took items out of our house and land that did belong to her Our neighbors stated that they saw them taking it items out of the house and putting them in a box moving van. And it was revoked in May I have found out that my car and some property was sold and she... Read more »

Scott C. Stockwell
Scott C. Stockwell answered on Dec 6, 2021

If you believe property was stolen, you might start with a police report. The police have resources you cannot match to deal with possible theft and its investigation.

Financial attorneys-in-fact have an obligation to provide a financial accounting, and you, with assistance from legal...
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1 Answer | Asked in Real Estate Law for Florida on
Q: Can the president of an HOA board also be a member of the architectural committee? Can her husband?
Barbara Billiot Stage
Barbara Billiot Stage answered on Dec 6, 2021

Each committee, except a committee to impose fines, has a chairman who is usually a board member unless the board decides to appoint someone else. Often the architectural committee is made up of the board of directors because of the lack of volunteers. A board members spouse can serve on a... Read more »

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Probate for Arizona on
Q: If my father has passed away interstate, but I am named power of attorney, does that make me "Next of Kin?"

So my father has passed away, and I was labeled power of attorney. I have the death certificates, all the paperwork from his funeral services, and an open probate case for the house. I basically just need to know if I have authority to demand rent from people who resided in the house before my... Read more »

Nina Whitehurst
Nina Whitehurst answered on Dec 5, 2021

The power of attorney automatically ended when your father passed away. If you have been appointed executor or personal representative or administrator of his estate then, yes, you have the authority to enforce any existing lease, including demanding rent pursuant to the lease. Or you can evict... Read more »

1 Answer | Asked in Tax Law and Real Estate Law for California on
Q: Will I receive a $250,000 tax exclusion under Prop 13 from selling inherited ownership (less than 100%) in property?

My parents bought the home in 1995 and owned it 50/50. About 6 years ago they divorced and my mother moved out and my father stayed living in the home with my brother and me. My father recently passed in June of 2021 and left his 50% ownership to my brother and me in his trust. My mother is gifting... Read more »

D. Steven Yahnian
D. Steven Yahnian answered on Dec 4, 2021

You shared a lot of facts and posed what ultimately appears to be a income tax question concerning the tax effect of your sale of your 1/2 interest in the house. You are not asking about the effect of Proposition 19 on the property taxes you would pay.

Here are the income tax rules that...
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2 Answers | Asked in Estate Planning and Real Estate Law for Rhode Island on
Q: Is there a way of signing over our home to my son, maintain life tenancy, and exclude his current wife?

The home has been in the family for multiple generations and we are not certain his current wife is in this long term and want to be certain if we sign it over she can't get it if they divorce.

Albin Moser
Albin Moser answered on Dec 3, 2021

The life estate might provide some protection. A trust might provide more, especially during your life. But, at some point in the future, if he and she are living there and you have passed on, then he will probably own the property outright. It would be hard at that point for him to prevent her... Read more »

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1 Answer | Asked in Real Estate Law for Iowa on
Q: If two individuals own a property, both names are on the deed, do you need permission from both owners to say, hunt?

The property is in Iowa and it is owned by two family members. We just need clarification if permission is needed from both owners before anyone can hunt, fish, or ride four wheelers on the property. Thank you.

Anthony M. Avery
Anthony M. Avery answered on Dec 3, 2021

Either Tenant In Common can prohibit you from hunting on the property. So it would be much better to get written permission from all owners. One owner might not know about the other giving permission and put you in jail. You want to keep both owners happy. Game Wardens will also want permission... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: Real estate sales contract differs from closing documents.

Sales contract indicates individual is purchasing property however, closing documents show husband and wife. We are told a divorce is in progress. Is this acceptable that the documents don’t match? Florida real estate law.

Jane Kim
Jane Kim answered on Dec 3, 2021

That's fine, so long as your financials are the same (closing documents control). And both spouses must always sign, even if one is on the Note and only one intends to live there.

3 Answers | Asked in Real Estate Law, Arbitration / Mediation Law and Collections for Florida on
Q: Hello I was sick with COVID and fell behind on HOA assessments and dues. HOA had now referred me to their attorney.
Jane Kim
Jane Kim answered on Dec 2, 2021

HOA rules attach legal fees. Unless that lawyer feels bad for you, you'll be expected to pay the past due amount plus legal fees. Sorry.

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1 Answer | Asked in Real Estate Law for Texas on
Q: Signed a lease, paid deposit and fees. Unit was to be ready on 1/15. Now they say the current people are not moving,

They don't have another unit in my price range and they are telling me I am out of luck and to call a lawyer. I now have 13 days to move and nowhere to go. Should they offer me a unit at the same rate as the lease I signed if available? They took my money and I have a signed lease.

John Cucci Jr.
John Cucci Jr. answered on Dec 2, 2021

Sorry to hear your problem.

For starters, you can not force the LL to give you a unit. However, the LL has breached the agreement you had. Do you have a written lease? If so, look for a section about performance or non-performance or breach. The recourse that is/are available to you might...
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1 Answer | Asked in Divorce, Real Estate Law and Civil Litigation for Missouri on
Q: Partner and I are done. Both share everything. She wants house. Do I get half of equity? Not married

Partner and I are separating. We share bank accounts and all bills. She wants to keep the house and I'm fine with that. But we have built equity and as far as I'm aware, I get 50 percent when my name comes off of it. Is this correct and if so, what's next? Thank you.

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Dec 2, 2021

The answer depends on A) how you and your partner hold title to the property and/or B) how you and your partner agree, in writing, to split the proceeds of sale of the property. The answer should be covered by A. As long as you are both on title as owners of equal shares, you will split the equity... Read more »

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