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Real Estate Law Questions & Answers
1 Answer | Asked in Immigration Law and Real Estate Law for Maryland on
Q: How to make sure the deposit I’ll have for purchase the home with my husband is eventually a “proof”is my part ?

I’m foreign,no ssn or Itin number .

After 4 years of marriage we should starting my adjustment of status in march and my family is sending money for pay the lawyer fees and help with a deposit for buy a house for me and my family.

The lender is saying my name can be only after the... View More

James L. Arrasmith
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answered on Feb 1, 2024

In your situation, it's essential to take steps to ensure that the deposit made for the purchase of the home is eventually recognized as your part of the investment, especially considering your immigration status and the joint bank account with your husband.

To establish a clear record...
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1 Answer | Asked in Real Estate Law for California on
Q: What is the origin of the squatting law in California?

It says squatters can eventually own your house after 5 years of being on the same property and you have to file eviction notices for any squatters? Was this law made to protect “squatters”? Or were people labeled squatters by the population and got injustices against them?

James L. Arrasmith
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answered on Feb 1, 2024

The origin of California's squatting law dates back to the Gold Rush era in the 19th century when land disputes were common. It was not specifically designed to protect squatters, but rather to provide a legal framework for resolving land ownership disputes and to prevent unjust evictions.... View More

1 Answer | Asked in Real Estate Law for Ohio on
Q: do I have to have a survey done to buy partial of a property through a private sale?

I have a family member who owns 2acres and he’s selling me 0.7ish acres which is grass and some trees. To purchase that through a private sale, do I have to have a survey done on the property before purchasing or can I purchase legally without a survey?

Todd B. Kotler
Todd B. Kotler
answered on Feb 1, 2024

Any new lot split must typically be surveyed by a professional land surveyor. You also want to check the requirements in your county and township or city for subdivision requirements, and zoning ordinances. For example, often political subdivisions have a requirement for a certain amount of... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Q: Can a beneficiary (NOT a court-appointed PR) be reimbursed for estate related expenses?

I was named the PR/executor in deceased's will. Will was submitted to the court. Formal probate was initiated, but then before I was named PR, it was converted to summary administration (there is no court-appointed PR in summary administration) because the only asset needing probate was the... View More

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Feb 1, 2024

I often have this conversation with clients after summary administration. In your situation, your last opportunity for reimbursement of estate related and real estate related expenses is at the time of the real estate closing. You are going to want to provide proof of payment of these expenses to... View More

1 Answer | Asked in Foreclosure, Real Estate Law, Estate Planning and Probate for California on
Q: My father passed away and I have a total of 2 brothers and 2 sisters. My dad had a Mortgage and I need some help.

I'm trying to keep my dad's house in the family and I make enough money to make sure the $900/month mortgage payment is paid. How do I continue to keep it in my family?

James L. Arrasmith
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answered on Jan 31, 2024

To keep your father's house in the family after his passing, you'll need to consider a few important steps. First, determine whether your father had a will or any estate planning documents that specify his wishes for the property. If there's a will, it should outline who inherits the... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Alabama on
Q: Can I take equity out of a home if I am not on the original loan or deed, but legally inherited property (home)?

My spouse died and I was not on the loan or the deed the home. The home has a debt on it. I know I can get the deed done up, but what about the loan? I know the debt doesn’t go away and I need to figure something out about that like try to assume it if I want to stay or find a way to pay it off.... View More

Anthony M. Avery
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answered on Jan 31, 2024

You may be able to find a lender for a refinance, which will require you to have it of record how you own as an heir. Affidavit of Heirship and/or probate will be in order. Your credit will be involved. Once you have a source of title, you may be able to sell it subject to the secured debt.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for North Carolina on
Q: Why would my stepsister send me and my siblings a personal property exemption form ....keep all his personal stuff

My father passed in 2021& his wife last year . My siblings and I Were not even notified of my father's passing until he was buried and gone even his brother wasn't notified.im afraid she is up to something

Ethan A. Trice
Ethan A. Trice
answered on Jan 31, 2024

There are a couple forms she could be trying to get you to sign. It sounds like she's trying to get you to waive your inheritance rights. If your father's wife never adopted you and never made a will, realistically the stepsister gets her property. Why she's trying to get you to... View More

2 Answers | Asked in Real Estate Law for New York on
Q: My ex boyfriend and I are co-owners of a house. The new agreement says I have sole & exclusive residency of the property

Do I have to let him in the house when he shows up?

Peter J. Weinman
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answered on Feb 2, 2024

One owner cannot oust/evict another and so if he's on the deed - absent a written agreement to the contrary - he has a right to access. Your "new agreement" might be such an agreement, but we'd need more information in order to answer your question. Assuming the new agreement... View More

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2 Answers | Asked in Real Estate Law for New York on
Q: My ex boyfriend and I are co-owners of a house. The new agreement says I have sole & exclusive residency of the property

Do I have to let him in the house when he shows up?

Peter Klose
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answered on Jan 31, 2024

There are many "layers" to your question. First, you say "new agreement" -- does the agreement handle this issue. More importantly, do you intend to separate the ownership by doing a "buyout" of his interest. Do you have any legal restraints upon his presence in... View More

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1 Answer | Asked in Real Estate Law and Tax Law for Illinois on
Q: Do home real estate capital gains have a window in which reinvestment would be considered a wash sale?

This would be related IRS topic 701 capital gain exclusion from a home sale.

James L. Arrasmith
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answered on Jan 31, 2024

In the context of IRS Topic 701 and the capital gain exclusion from a home sale, the concept of a "wash sale" generally doesn't apply. The wash sale rule is primarily associated with securities, like stocks and bonds, and aims to prevent taxpayers from claiming a tax loss on a... View More

1 Answer | Asked in Real Estate Law for California on
Q: Can I sue a property owner for his renters disrupting my rights to quiet enjoyment. been happening for over a year.

I text owner several times. Each time he not care told me I should call the Sheriff if I have any complaints. The renter has been taken to jail for harassing me and the sheriff has been called about them several times by several different people. The renter has threatened to kill me and slit my... View More

James L. Arrasmith
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answered on Jan 31, 2024

Under California law, the concept of "quiet enjoyment" applies primarily to the relationship between landlords and their tenants, not between neighbors or between a tenant and a neighboring property owner. However, you may have grounds for a lawsuit based on nuisance law. A nuisance... View More

2 Answers | Asked in Divorce, Family Law and Real Estate Law for California on
Q: Hello! I wanted to get advice on my current situation. I have filed divorce from my husband and i am just waiting

For the Declaration for Default/Uncontested Judgment. I have been told by the county of contra costa where i have filed that it may take 6 more months to reach verdict. We do not have kids and do not have any assets/properties to divide. I am planning on buying a home soon and i want to know if... View More

Robert P. Taylor
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answered on Jan 30, 2024

First, the soonest your divorce can be final is 6 months from the date your husband was served. Meaning that if he was served recently, the courts 6 months time frame for finalizing your divorce really is not significant. If that's not the case, and the court clerk is telling you it's... View More

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2 Answers | Asked in Divorce, Family Law and Real Estate Law for California on
Q: Hello! I wanted to get advice on my current situation. I have filed divorce from my husband and i am just waiting

For the Declaration for Default/Uncontested Judgment. I have been told by the county of contra costa where i have filed that it may take 6 more months to reach verdict. We do not have kids and do not have any assets/properties to divide. I am planning on buying a home soon and i want to know if... View More

James L. Arrasmith
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answered on Jan 30, 2024

In California, properties acquired after separation but before the divorce is finalized can sometimes be considered separate property. However, this can depend on specific circumstances and interpretations of the law. Since you separated in 2022 and plan to buy a new home before your divorce is... View More

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1 Answer | Asked in Real Estate Law for Texas on
Q: If I wrote and signed a piece of paper giving my brother full rights to my home 5 years ago could I evict and reclaim it

I inherited it from my father who was his stepfather. I was not in a good mental state at all when I decided to just give it to him as living in the home was too hard and overwhelming for me. That piece of paper is the only thing I ever signed regarding the ownership of the home. My brother has... View More

John Michael Frick
John Michael Frick
answered on Jan 30, 2024

It depends on the piece of paper and what it says. It may also depend on whether you can prove you were mentally incapacitated. Being "emotional," or "sad," or "overwhelmed" may not be sufficient to prove you lacked the mental capacity to transfer ownership of the... View More

2 Answers | Asked in Tax Law and Real Estate Law for Texas on
Q: If you paid taxes Can someone take your property if you abandoned it for year and haven't maintained your property?

I have always paid taxes but I live out of town so my son's wife who owns the lot next to my property cuts the grass like it's hers. Can she take it away and claim i abandoned it?

T. Augustus Claus
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answered on Jan 30, 2024

In Texas, simply paying property taxes on your land does not automatically protect it from claims of adverse possession, especially if you have abandoned the property and have not maintained it. Adverse possession, commonly known as "squatter’s rights," allows someone to claim ownership... View More

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2 Answers | Asked in Tax Law and Real Estate Law for Texas on
Q: If you paid taxes Can someone take your property if you abandoned it for year and haven't maintained your property?

I have always paid taxes but I live out of town so my son's wife who owns the lot next to my property cuts the grass like it's hers. Can she take it away and claim i abandoned it?

James L. Arrasmith
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answered on Jan 30, 2024

No, someone cannot legally take your property or claim you abandoned it simply because you have been absent or failed to maintain it. As long as you continue paying property taxes and possess valid title, ownership and rights remain legally yours regardless of occupancy, use or condition.... View More

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2 Answers | Asked in Real Estate Law, Civil Rights, Municipal Law and Contracts on
Q: I own several plots at Garland Brook in Columbus In and have been told by one of the staff that I can not sell them

I am the sole owner and the only heir to these plots.

T. Augustus Claus
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answered on Jan 30, 2024

As the sole owner and heir to several plots at Garland Brook in Columbus, Indiana, your right to sell these plots generally depends on the terms of the deed or any contractual agreements you may have with the cemetery, as well as relevant state and local laws. In many cases, property owners have... View More

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2 Answers | Asked in Real Estate Law, Civil Rights, Municipal Law and Contracts on
Q: I own several plots at Garland Brook in Columbus In and have been told by one of the staff that I can not sell them

I am the sole owner and the only heir to these plots.

James L. Arrasmith
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answered on Jan 30, 2024

As the sole owner and heir of several plots at Garland Brook in Columbus, Indiana, your rights to sell these plots are typically governed by the terms of the cemetery's rules and regulations, as well as applicable state and local laws. Generally, property owners have the right to sell their... View More

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2 Answers | Asked in Real Estate Law for California on
Q: how to remove someone from my title

estranged son for approx 11 yrs who is co-tenant on the deed, title, of my home. he will not remove himself from title and I would like nothing more to have him removed. We have not talked or been in each others company for 11 yrs.

James L. Arrasmith
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answered on Jan 30, 2024

Under California law, removing a co-tenant from a property title can be complex, especially if the other party is unwilling to voluntarily relinquish their interest in the property. The most straightforward method is through a voluntary deed transfer, where your son would sign a quitclaim deed or a... View More

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2 Answers | Asked in Real Estate Law for California on
Q: how to remove someone from my title

estranged son for approx 11 yrs who is co-tenant on the deed, title, of my home. he will not remove himself from title and I would like nothing more to have him removed. We have not talked or been in each others company for 11 yrs.

T. Augustus Claus
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answered on Jan 30, 2024

In California, removing someone from the title of a property, especially in a situation where the co-tenant (your estranged son) is unwilling to cooperate, can be complex. As co-tenants, both parties generally have equal rights to the property. If your son is not agreeable to voluntarily removing... View More

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