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The sister and her property that's living there. The will states the house to be sold and divided equally, however we have allowed my sister to live there for 7 years and now she won't leave????
answered on Jun 27, 2017
Who has title the house? Is it still in your mom's name? If so then you will need to file an action in probate called a determination of heirs (probably as the normal time to probate an estate has probably lapsed) in order to get a personal representative appointed who will then have the... View More 
answered on Jun 22, 2017
A landlord can serve a 3 day notice to pay or quit the day after the payment is due. If the tenant pays, they get to stay. If they don't then the landlord can start the eviction process.
I hope this helps.
Wes
would like to get equity from property
answered on Jun 9, 2017
This can be difficult to do. Basically, the brother that wants to stay will need to refinance the loan in his own name. If he can't with the current lender, then he may have to look elsewhere. If no one will do it, then the leaving brother is basically stuck until the home sales or it is... View More
answered on Jun 8, 2017
Your question is hard to understand. I will try the best I can to answer:
Yes an HOA can bring suit against an HOA member even if that member is a non-profit organization whose status is inactive/expired. This issue revolves around what agents of this non-valid, non-profit did to... View More
My landlord sisters want the apartment complex but he dosnt they already have an aggressive realtor wanting to buy it and saying she owns it already. Can the sisters sell the place with out our landlord agreeing to it? I know it's slip 3 ways . But it's only his name on the leases . The... View More
answered on May 24, 2017
They can only sell their interest in the complex. If they own it together as tenants in common (most likely but I can't say for sure without looking at the deed), then they can sell their interest. I could be 66.66% or something else. They can't make him sell unless they successfully... View More
answered on May 24, 2017
I am pretty sure I have answsered this question before: see
https://answers.justia.com/question/2017/04/20/do-i-legally-have-to-move-if-me-and-my-k-263553
and
https://answers.justia.com/question/2017/04/20/if-i-m-living-with-my-aunt-and-have-no-r-263559
Good luck.
Wes
After numerous verbal and written requests my landlord has failed to provide me with rental receipts from 2012 to current...negating 2015 as those were emailed to me.
answered on May 24, 2017
No, there is not statute for you to get a receipt. Receipts are typcially generated for the convenience of the parties involved. If your Landlord is nto giving you a receipt, you should draw up a simple statement when you pay and make the Land lord sign it everytime you pay the rent. Something... View More
I live in a HOA community. A neighbor has adult children who break in to cars and homes and steal packages off door steps. Cops have been called numerous times and arrest have been made but it seems the laws are weak in this area. The neighbor does not own the property her mom does and the mom of... View More
answered on May 9, 2017
Really you would need to look at the HOA. If there was something that they were violating in the HOA, then you could require the owner to find a new tenant, but you can't just make someone move because they are criminals.
Sorry.
The county is forcing me to create a one lot subdivision. The engineering department will not approve my map unless I move my property line back 50 feet.
answered on May 9, 2017
Yes, they can unless you can prove their decision is discriminatory or capricious. As long as they have a reasonable reason to impose the requirement they can. Sorry.
If they agreed to the fence and intend to use it by eventually fencing in their property as well
answered on May 9, 2017
If they agreed to the fence then it sounds like there is some kind of contract. So your question really is a contract question. If they just agreed to allow you to construct a fence, then there is no obligation to pay for it. You could argue unjust enrichment, but if they didn't do anything... View More
will the police remove someone from the property if 1 out of the 2 people on the title wants a 3'rd party off the property that does not live here and is only visiting
answered on May 9, 2017
No, each party has the right to exclude, but they don't have the right to exclude guests of owners. The police would call it a civil matter and tell the parties to figure it out in Court rather than a criminal "trespass" matter.
I am remarried now and would like to sell my home and get another one with my new spouse. When my first wife passed my daughter had me put her name on my house along with mine so if I passed. I had no idea putting her name on it meant I was giving her half ownership. She refuses to sign her name... View More
answered on May 9, 2017
The legal way would be to have her sign it over to you. You are right, you gave her half the house when you put her name on it. One aspect of ownership is the obligation to pay taxes. You can start billing her for taxes and maybe she will take her name off the house if she has to pay for it.... View More
answered on May 9, 2017
Only an owner has the right to evict someone from their property. That being said, an owner can delegate that responsibility to their agent by giving their agent a power of attorney. Any actions of the agent will stem from the authority of the owner so the owner is actually doing it.
If... View More
answered on May 9, 2017
I am assuming you want to stay there against her wishes. The short answer is yes unless your aunt evicts you. Your aunt can give you a 5 day notice to vacate the house, if you refuse to vacate after the 5 days you would be unlawfully detaining the premises and she would then file an unlawful... View More
answered on Apr 28, 2017
I think your question is, "how to I evict my brother..." if that is the case, I presume that he is already living there.
The next question is, how is the home owned? Was it in the name of the trust? Are you the successor trustee? If so then commence a normal eviction suit which... View More
Realtor stating no matter what we have to accept the best offer given. Even if way below value of land
answered on Apr 26, 2017
Unless there is some important fact missing, your realtor is incorrect.
answered on Apr 16, 2017
If you own the home, and someone else is in it without a right to be there, you can file an eviction action. That is an expedited court proceeding to remove someone who is illegally occupying property.
We haven't lived anywhere but our current rental since we moved. We have been depreciating for taxes.
answered on Dec 31, 2016
I believe what you're looking for is called a Section 1031 "Like-kind Exchange." Here is an IRS publication on the issue that goes into the transaction a little https://www.irs.gov/uac/like-kind-exchanges-under-irc-code-section-1031
There are many practitioners who focus in... View More
My longtime partner and I want to sell a home in Salt Lake. She lives out of state. Only her name is on the title, but both our names are on the second mortgage. The first mortgage is paid. How can we sell without her having to travel to Salt Lake? Should I be added to the title? Can't a Salt... View More
answered on Dec 3, 2016
You shouldn't have a problem working remotely so long as you have a team of professionals working for you in salt lake. A realtor and a title company should easily be able to do everything for you.
I am not on the mortgage?
answered on Nov 21, 2016
It depends on the language on how both of you own the property. There are different types of joint tenants. So you could be a joint tenant with right of survivorship or joint tenants in common. The later is more likely as the first one needs to have specific language in order to have a joint... View More
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