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Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Michigan on
Q: Can you leave your half of a house in a will or trust with joint ownership? Two people on mortgage and deed?

Can my boyfriend will or trust his half of our joint ownership house to someone? Put his half in a will?

Thomas. R. Morris
Thomas. R. Morris
answered on Nov 20, 2022

No, joint ownership includes survivorship, meaning that the survivor of the joint tenants takes title. A tenant in common could devise or place in trust his interest as a tenant in common.

1 Answer | Asked in Divorce, Estate Planning, Family Law and Real Estate Law for California on
Q: What asset protection is available for a single individual planning to buy real estate with a married individual ?

To what extent does it matter which state the property to be purchased is in, if the unmarried individual lives in community property state while the married person resides in an equitable distribution state? Thank you.

Julie King
Julie King
answered on Nov 19, 2022

Your question seeks an answer that’s much more comprehensive than a lawyer can provide in this forum. Are you seeking to protect your portion of the real estate only or do you want to protect all of your assets? If the latter, what other types of assets do you own? (Trademarks are protected... Read more »

1 Answer | Asked in Real Estate Law, Appeals / Appellate Law and Libel & Slander for Texas on
Q: Recover paid fees from Law Firm in Tx not communicating , filing motion, adhering to court process .Appoint new attorney

I paid over $14k ($7k attorneys hours $2k paralegal plus $5k internal reviews admin fee ) for a specific performance case filed in Jul 2021. Now the Law Firm want me to file motion of summary & no evidence judgment as Pro Se in realestate deal

I am plaintiff and buyer filed petition... Read more »

John Michael Frick
John Michael Frick
answered on Nov 19, 2022

If you’ve only paid $14K atty fees in that type of case after 15 months of litigation, your current law firm is doing a bang up job in keeping your litigation costs low.

If they are recommending you file a no evidence motion for summary judgment, the timing seems about right as the...
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1 Answer | Asked in Real Estate Law for Maryland on
Q: We are closing on a home next week. Just found out that the survey of the property stipulate that the 2sheds in the fenc

In the fenced back yard are in a "do not disturb zone". What did that actually mean? The house has a highway on the back.

Mark Oakley
Mark Oakley
answered on Nov 19, 2022

Both the state and individual counties have zoning restrictions affecting development of land in certain protected spaces, including woodlands, wetlands, and along highways, among other locations. These are usually defined as restricting building and cutting of trees or clearing vegetation within... Read more »

1 Answer | Asked in Real Estate Law, Consumer Law and Contracts for Ohio on
Q: I sold a mobile home to a guy, He paid me cash for it. We agreed it had to be moved off the property it is sitting on

The buyer got a permit and hired a company to move it.

The company came and took the wrong trailer. They brought it back.

Then they called the buyer and told him that the trailer he bought was unsafe to move.

The trailer I sold to buyer is in better shape than the trailer... Read more »

Joseph Jaap
Joseph Jaap
answered on Nov 18, 2022

He would have to sue you for breach of contract or on some other basis such as fraud, and the judge would determine if you have to return the money. If there is no written contract or anything else in writing to confirm what was agreed between you both, that would make the court case more... Read more »

2 Answers | Asked in Criminal Law, Real Estate Law and Landlord - Tenant for California on
Q: Is it okay for the sheriff department to keep arresting me because I'm homeless and they say I'm trespassing

I am staying near a school but on a slough which the school says they own which they dont the sheriff department officer told me that he's going to print out a paper that I'm supposed to sign stating that I know that I'm trespassing and that I'm going to be moving at a certain... Read more »

James R. Dickinson
James R. Dickinson
answered on Nov 18, 2022

Unfortunately, it's difficult to be homeless in many places in California. If you've violated a law, then the police can cite or arrest you. A public defender will represent you in court. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for... Read more »

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1 Answer | Asked in Consumer Law and Real Estate Law for Kentucky on
Q: I toured an apartment and began the process of the application process through their website.

I was not asked to pay any application or reservation fees at the time. I also never finished the application process (did not provide pay stubs or pet information) and backed out mid-way through because I decided on another location. The leasing office told me (in writing) I did not owe them any... Read more »

Timothy Denison
Timothy Denison
answered on Nov 18, 2022

You don’t owe them any money (unless you signed something agreeing to pay) so do t pay them any money. It’s not worth look egss as l action at this point but you might want to write them a letter saying debt not owed.

1 Answer | Asked in Real Estate Law and Probate for Rhode Island on
Q: Quit claim question. What the ownership status for a house that we inherited from our mother?

What is the ownership status for a house that we inherited from our mother? She passed away 20 years ago and my brother took control of her house but the two of us never followed through with the quit claim process. Do we legally own the house jointly?

Andrew Bilodeau
PREMIUM
Andrew Bilodeau
answered on Nov 18, 2022

You still have an ownership interest that you can assert. If a probate was never opened, one would need to be opened so that the property could be properly transferred to the rightful heirs. I would need more information - whether there was a will or a trust, and how the property was deeded prior... Read more »

2 Answers | Asked in Real Estate Law for Massachusetts on
Q: Is it a breach of contract If a seller is not ready to close at the closing date stated on the buyer-seller agreement?
Christopher Tolley
Christopher Tolley
answered on Nov 18, 2022

Yes, although many real estate purchase and sale agreements permit the seller to extend the date for closing under certain circumstances even though the buyer may not agree to extend. You should review your purchase and sale agreement .

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1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Who recieves the property? What can we do ?!

My parents passed away and left there home in Puerto Rico to all there kids. The past few years my uncle was uncle was living In The home and keeping it up. He just married a woman a couple of months ago and he has recently passed away. Now the woman he was married is refusing to leave my... Read more »

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Nov 18, 2022

First of all, if the real estate property belonged to your grandparents (whom, I assume, are both deceased), either a Will for each grandparent or a declaration of heirs must be procured and filed with the Property Registry, to transfer ownership from your late grandparents to their children. After... Read more »

1 Answer | Asked in Real Estate Law for New Jersey on
Q: How can land be removed from the farmland preservation program in NJ. Can we sue? What are reasons to have it removed
Leonard R. Boyer
Leonard R. Boyer
answered on Nov 17, 2022

You are going to need to find a real estate litigation attorney, who specifically practices in that area of law. Use Justia to search for an appropriate attorney. Good luck.

1 Answer | Asked in Real Estate Law for Georgia on
Q: I have a person who performed a quick deed that was forged with a date of a year before the house was built.

They also filed it in a different county than where the house is.

Anthony M. Avery
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Anthony M. Avery
answered on Nov 17, 2022

Hire a competent GA attorney to Quiet the Title if you feel the Deed is a Cloud on your Title. Otherwise it is not your concern. Especially when it is not filed in the County where the subject property lies.

1 Answer | Asked in Real Estate Law for Michigan on
Q: We own our own home and land. We are in our 80's. What I want to know is what do we have to do to put our daughters name

didn't let me finish to put our daughters name on the place.

Thomas. R. Morris
Thomas. R. Morris
answered on Nov 17, 2022

The simplest way is to execute a quit-claim deed to your daughter as grantee. However, you should consult with an attorney to explore the options available. Do you intend that she own the property outright, immediately? Do you intend to co-own it with her until your death so that she takes title... Read more »

1 Answer | Asked in Real Estate Law for Colorado on
Q: Can a boyfriend have claim on my condo if has lived in it with me for 8 years? I want him out of my home.

I purchased my condo in 2008. He moved in 2014 and still in my place now in 2022. We have a child together. If I get him out of my home can he have claim on half of my condo?

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Nov 17, 2022

That really depends. If you never transferred any type of ownership interest to him then in theory you should still own 100% unless you held out as married or did something else that would allow him to acquire an interest in the property.

That being said, you need to be aware of other...
Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I have a commercial tenant who sent their rent in by USPS and apparently was lost. Would this constitute a breach?

If their lease is due on the 1st and late on the 5th by The US post office losing their check would this constitute a breach of their lease?

Bennett James Wills
Bennett James Wills
answered on Nov 16, 2022

Check the terms of your lease - but typically rent is paid when you receive it. Not when the tenant puts it in the mailbox.

1 Answer | Asked in Consumer Law, Foreclosure, Land Use & Zoning and Real Estate Law for Mississippi on
Q: if we are paying a mortgage are we suppose to be listed in public records as the owner?

i was looking at my appraisal documents and it has some other people as owners in public record.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 16, 2022

Just because you are paying the Note does not make you a titled owner of land. Hire an attorney to search the Title and determine ownership.

2 Answers | Asked in Divorce, Family Law and Real Estate Law for Tennessee on
Q: I live in TN and wanting to file for divorce. We have a marital home but I am not on the mortgage. Can I be evicted?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 16, 2022

If you are named as a grantee on the Deed(not the Deed of Trust), then you have no ownership. Owner can file a Detainer Warrant unless you have a spousal support Order from the Divorce Court.

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1 Answer | Asked in Consumer Law, Foreclosure and Real Estate Law for California on
Q: Can an HECM mortgage company legally lock us out of my deceased mother’s home that we occupy before foreclosure is done

No will, trust, or probate. Title held in both parents names. Both deceased. Last one on 9/20/22. Email from HUD services states we need to leave and they may lock us out at any time. Need time to empty the home. Home is not worth the mortgage balance. Ok with foreclosure as long as we have some... Read more »

Leon Bayer
Leon Bayer
answered on Nov 16, 2022

yOU WILL DO YOURSELF A BIG FAVOR BY SEEING AN ATTORNEY IMMEDIATELY with (sorry about the caps) all the relevant papers. Frankly, it sounds like there have already been foreclosure and eviction proceedings.

1 Answer | Asked in Real Estate Law for Texas on
Q: I bought a lot that backs up to a golf course. I own a piece of the golf course and they want it back. What do I do ?

I am getting ready to build and found out that my property line goes over into a piece of a very prestigious golf course in Texas now that company wants me to come up with a price for that piece of land . That say it's because of resale reasons. I know it would cost 100's of thousands of... Read more »

John Michael Frick
John Michael Frick
answered on Nov 16, 2022

There are two factors to consider: 1) the value of the piece of land, and 2) whether the golf course has acquired the land by adverse possession.

With respect to value, you really need an opinion from a golf course designer as to exactly how much it would cost to redesign that hole on...
Read more »

2 Answers | Asked in Real Estate Law for California on
Q: Some electrical wires are repaired/replaced without a city from the city hall. Can insurance refuse to pay in a fire?

I am about the buy a house. The original owner passed away and his son is selling it. The house is old and city hall does not even have any floor plan. Nor does the city have any record of any repair of the house. I found some electrical wires and water pipes are repaired/replaced without a permit... Read more »

Tim Akpinar
Tim Akpinar
answered on Nov 15, 2022

A California attorney could advise best, but your question remains open for two weeks. Until you're able to consult with a California attorney for specific guidance under applicable state laws, as a general matter nationwide, insurance carriers don't usually care if wires or pipe sections... Read more »

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