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Real Estate Law Questions & Answers
1 Answer | Asked in Family Law and Real Estate Law for Illinois on
Q: If a couple is living together and is unmarried, and only one has right to possession does other person have claim?

If a couple is living together unmarried and previously one of the people purchased the house In their name, if the couple was to break up does the person without ownership have any legal claim to the property?

Erik K Jacobs
Erik K Jacobs answered on Jan 6, 2022

The short answer is no. The property was purchased prior to the relationship and was the sole property of the person purchasing it. It is not marital property, since there was no marriage.

1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Insurance Bad Faith for Louisiana on
Q: What justifies needing a new foundation after a hurricane in Louisiana! The house is on piers and had an 2 inspections

Insurance company fighting to not pay when foundation is compromised

Tim Akpinar
Tim Akpinar answered on Jan 5, 2022

A Louisiana attorney could advise best, but your question remains open for three weeks. The dispute you describe sounds like it met an impasse between your assertion for a new foundation and the insurance carrier's position. One option may be to reach out to Louisiana attorneys to determine... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Tennessee on
Q: I borrowed money from my father to buy a house. I am his only child. He does not a have a will.

What happens to this debt when he dies? He is listed on the deed as having a lien on the property.

Anthony M. Avery
Anthony M. Avery answered on Jan 5, 2022

I do not understand that there is a lien in the deed language. Vendor's Liens have not been used for over 80 years. You are probably an heir if not the sole heir. If the sole heir, you also own the debt against your property, if it actually exists. Hire a competent attorney to search the... Read more »

2 Answers | Asked in Estate Planning and Real Estate Law for New York on
Q: My brother passed away in Puerto Rico. He left no will. He's not married and no children. Our father is still alive.

I have power of attorney of my dad's real estate and financial situation. My mom is still married with my dad. Can we transfer deed to my dad? Can I do this with power of attorney. Who would have rights to my brothers house after his passing?

Michael David Siegel
Michael David Siegel answered on Jan 5, 2022

If the property is in Puerto Rico, you need a lawyer there. If it is in New York, you need to become estate fiduciary in PR, and then do an ancillary proceeding here.

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2 Answers | Asked in Real Estate Law, Energy, Oil and Gas and Landlord - Tenant for New York on
Q: I own a Condo (which is on the 3rd floor) and the gas was shut off because of a gas leak

but the gas leak is not in my apartment or in the walls

it might be in the rizer from the ground floor to my apartment but my plumber could not find it

Question

who is responsible to fix that is it the condo owner

or the condo management board

Michael David Siegel
Michael David Siegel answered on Jan 5, 2022

Condo Management

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1 Answer | Asked in Divorce and Real Estate Law for Louisiana on
Q: Hi is there a statue of time that a request for rental reimbursement in a community property case be filed in court?

I have community property case, my then attorney filed for rental reimbursement in the descriptive list but not in the petition. is there a statute time limit that it should have been requested?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 5, 2022

No statute of limitation. But it is prospective, not retroactive to date of filing for divorce.

1 Answer | Asked in Family Law and Real Estate Law on
Q: Is it possible I help my husband get his inheritance while he is out of the states? What are the procedures for this?
Anthony M. Avery
Anthony M. Avery answered on Jan 5, 2022

If he is an Heir of a Decedent owner of real property, then he takes his interest by operation of law even though it is not of record yet. Personal Property is a different matter, and he may need an attorney to request transfers to his account, attorney in fact, etc.

2 Answers | Asked in Family Law, Real Estate Law and Probate for Georgia on
Q: What can I do to make my sisters pay me my portion of our deceased fathers home ?

my father committed suicide and my two sisters and myself are all three equally inherited the house and are on the deed but my sister refuses to give my third one of the property and she was renting it out but now she has moved into herself full time ... and at first just blowed me off and now... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 5, 2022

You will probably have to hire a competent GA attorney to file an action for a Sale For Partition.

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1 Answer | Asked in Real Estate Law for Illinois on
Q: If I purchased investment properties in Illinois before I was married does my wife have any rights to the properties?
Erik K Jacobs
Erik K Jacobs answered on Jan 5, 2022

Unfortunately, without more information, the law is not so black and white. Like many other legal questions, the answer is maybe. Did you buy the properties outright or did you obtain a mortgage? If you bought them outright, did you ever add your wife to the title? If you had a mortgage, did... Read more »

1 Answer | Asked in Contracts, Divorce and Real Estate Law for Ohio on
Q: Is there anything I can do?

In 2015 I purchased a home. My ex(never married) and I, months later, after putting a lot of work into the house, split. Her and her father went behind my back to the loan office and drew up the paperwork to sell her the house for the same price I bought it for. I signed them. I didn't know... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 5, 2022

You'll have to have an attorney review all the facts and advise you if you have any possible claims, such as fraud, or whether you might negotiate a resolution. Use the Find a Lawyer tab to retain a local attorney.

1 Answer | Asked in Contracts and Real Estate Law for New Jersey on
Q: When a trustee election has 2 different terms should the ballot show candidate and term sought?
Morris Leo Greb
Morris Leo Greb answered on Jan 4, 2022

Yes, the office and term should be indicated on the ballot.

1 Answer | Asked in Contracts and Real Estate Law for New Jersey on
Q: Is the board appointment of a HOA trustee to fill a vacancy a binding vote ? Open meeting required vote?

Our board says it's not a binding vote but a affirmation that he is now a trustee and done in a closed executive meeting

Morris Leo Greb
Morris Leo Greb answered on Jan 4, 2022

Each HOA operates under its own set of rules. You need to review the organic documents of the HOA to determine the answer to your question.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: husband & brother inherited beach property at Ocean Lakes in SC one wants to sell the other wants to buy him out.

husband & brother inherited beach property at Ocean Lakes in SC one wants to sell the other wants to buy him out. we lease the land so it's not real estate because it's a camper with an addition built on to it (house) and a golf cart/storage building. It's worth $170,000.... Read more »

Ben Corcoran
Ben Corcoran answered on Jan 4, 2022

I suggest that you post this in the SC section of the site, right now you are in the NC section and most lawyers cannot legally give advice outside of their state.

2 Answers | Asked in Real Estate Law for Michigan on
Q: Our renters have defaulted in their rent. They sold their previous home on land contract to their kids.

Their kids have defaulted on the LC and are now trying to sell the home. Can we place a lien against the home?

Kenneth V Zichi
Kenneth V Zichi answered on Jan 4, 2022

If I understand the question correctly, you never had any interest in the previous home you want to place a lien against. If that is true, then without a judgment against them you cannot lien the home.

You CAN get a money judgment against them and then place a 'creditor's...
Read more »

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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Georgia on
Q: Do subdivision covenants and restrictions expire in a county with no zoning laws.

We are in Union county, outside the city limits of Blairsville. The subdivision covenants and restrictions were created 12/27/1990. There are 9 lots in the subdivision. 4 of which have homes on them. 3 lots just sold and are getting ready to be built on. One of the new owners claim the covenants... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jan 4, 2022

Your questions will be answered by through review(s) of the property's title chain(s). I suggest you call Cary Cox or the Davenport Firm or David Barrett to meet with as they are all familiar with these issues.

1 Answer | Asked in Real Estate Law and Probate for Georgia on
Q: If there are two owners on a mobile home in SC, do both owners have to transfer title through the DMV to a new owner?

My dad and his wife owned a mobile home on 2 acres of land. My dad passed in 2014. The mobile home only was transferred to the wife’s daughter in 2015. My dads estate was filed with probate and only included the land. But the mobile home is still sitting on the land with the wife’s daughter... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jan 4, 2022

You are asking a question which can only be answered by reading through the laws of SOUTH CAROLINA. For South Carolina help you should post your question to the SC attorneys.

2 Answers | Asked in Bankruptcy and Real Estate Law for Texas on
Q: My ex husband never took me off the house as was court ordered. It’s about to foreclose. Can I file bankruptcy ?

If I file bankruptcy will this free me completely from the debt of the house? it’s going to foreclose and he is trying to get me to agree to put all the debt on the back of the loan. My ex is in another state (oregon) I haven’t lived in the home in over 5 years. I know he is in contempt for... Read more »

David Luther Woodward
David Luther Woodward answered on Jan 4, 2022

I think you are correct in being pro-active.

You need to consult a lawyer in Texas who does bankruptcy. You don't say where the house is, what your interest is, nor any detail necessary for complete advice.

Don't wait for someone else to do what you can cure in one...
Read more »

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1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Maryland on
Q: Sister & I inherited real property in MD 50/50. Can I relinquish my 50% to sister w/out filing a deed?

My sister is executor. Currently in probate with Will. I want to relinquish any/all right in favor of sister (in gratitude for mother's care, and I want avoid any responsibility for this property). What is required: Deed to be recorded; gift my 50% to her (OUCH gift tax); notarized... Read more »

Mark Oakley
Mark Oakley answered on Jan 3, 2022

Heirs to an estate can, by mutual agreement, settle property distributions under the Will, even if the settlement changes what each heir is supposed to receive under the Will. A lawyer can help you work this out. It is not difficult.

1 Answer | Asked in Contracts, Real Estate Law and Business Formation for California on
Q: Can a business owner keep my deposit if we needed more time in order to buy the business but she sell it to someone else

We put in a deposit to buy a business but due to unforseen circumstance at my work, I need more time before I can quit my job and start the business. There was no agreement signed stating that the deposit was non refundable but she refused to refund my money and is planning to sell to someone else.... Read more »

Yelena Gurevich
Yelena Gurevich answered on Jan 3, 2022

it's generally not a good idea to give anyone a deposit without a written contract. at this point you will either need to pay a business attorney for a complete consultation and advice or possibly take your chances in small claims court (if the amount is under $10,000).

1 Answer | Asked in Real Estate Law for New Jersey on
Q: if a church purchases an adjacent lot, do the 2 properties automatically get merged into 1? making it diff. to sell 1?

our church (corp A) has the opportunity to purchase an adjacent lot and convert it into a parsonage..lawyer suggested we create a separate corp B under A

Morris Leo Greb
Morris Leo Greb answered on Jan 3, 2022

The attorney's answer is correct.

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