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2 Answers | Asked in Real Estate Law for Virginia on
Q: Heir Land was sold without family consent without real estate assessment and without right of way. Current owners are tr

Heir Land was sold without family consent without real estate assessment and without right of way. Current owners are trying to sell land but have not been successful. As a family will we need to go to County first to assess where land boundaries are before we present an offer

Ross Cameron Hart
Ross Cameron Hart answered on Jan 16, 2020

You have provided a minimal statement of fact but no question. I'm not sure what you want to know.

If you came to my office I'd want to know how the land was sold and by whom, if it wasn't sold by the family. I'd probably then want a title examination to cover ownership to when the family...
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1 Answer | Asked in Real Estate Law for Virginia on
Q: do you require a lawyer when property is given to more than one person and said property is to be sold?
Ross Cameron Hart
Ross Cameron Hart answered on Jan 16, 2020

REQUIRE? No. Everyone has the right to represent themselves no matter how little they know.

GOOD IDEA? Absolutely. There are aspects to real estate ownership and sale that would surprise many people. I've lost count of the times I've looked at a transaction - after the fact or when it's...
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1 Answer | Asked in Criminal Law and Juvenile Law for Virginia on
Q: A 16-year-old was running her mouth and threatening my daughters friend with a knife then I came to her aid and she

Started Running her mouth to me being very rude and now she keeps running her mouth to me being very rude and now she keeps threatening to hit me if she hits me can I hit her back because I’m not going to just stand there and let some 16-year-old knock the shit out of me and not do anything.... Read more »

Shemeka C Hankins
Shemeka C Hankins answered on Jan 16, 2020

Sounds like you may potentially need a protective order against this child. You can actually have her charged with simple assault at this point if you are in reasonable fear that she is going to cause you bodily harm and you can articulate why or present evidence such as a video of her conduct.... Read more »

1 Answer | Asked in Juvenile Law for Virginia on
Q: I am 15 can i go to detention for assult and battery even tho i was assulted also ?

I am 15 years old i got into a altercation with my mother for assult and battery but the judge dosent know that she hit me in the head with a metal object during the altercation and my grandma had to take me to the hosptial because i had a knot... Even tho i was assulted also in that situation wat... Read more »

Shemeka C Hankins
Shemeka C Hankins answered on Jan 16, 2020

There are a number of factors that go into answering your question. However, most importantly sounds like you need to talk to a lawyer to adequately present your defenses to the court. If you were acting in self-defense, you may need help presenting that argument to the judge. You can ask the... Read more »

2 Answers | Asked in Contracts and Landlord - Tenant for Virginia on
Q: Signing a fixed-term lease on house. In VA, can new landlord add a clause--if it sells new owner can give 60 day notice?

The new landlord said they're not likely to sell, but the property has two houses and it's possible she'll want to sell mine. There are plenty of people right here who would want to rent it, so I'm wondering--can I say no to adding that clause? Is it legal in VA or do I have no leverage if it's... Read more »

F. Paul Maloof
F. Paul Maloof answered on Jan 15, 2020

Assiming you have a written residential lease in place, and if your question is whether a new title owner of the Property is entitled to unilaterally change the terms of your lease with the previous title owner, the answer is no. A residential lease can only be changed or modified by mutual... Read more »

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1 Answer | Asked in Criminal Law for Virginia on
Q: What happens after pressing charges through the magistrate's office?

My fiance pressed charges against my brother for assault and battery and I was there as a witness. I just wanted to know what happens now. I was in a state of shock that I don't fully remember what the administrative assistant said to me. Who determines to issue subpoenas and warrants? When does... Read more »

Daniel P Leavitt
Daniel P Leavitt answered on Jan 14, 2020

No need to worry about subpoena it's beyond your control. The warrant would have been issued by the magistrate, or not, if there was no probable cause.

1 Answer | Asked in Immigration Law for Virginia on
Q: Confused with I-864 and I-864EZ.

I am sponsoring my spouse as a permanent resident and her interview is in two days. I completed NVC review process few months before with I-864 form but few days before I found that I need to fill I-864EZ form. Is it ok to take both the form I-864 and I-864EZ during interview or carrying just... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Jan 14, 2020

You should be OK with the I-864.

1 Answer | Asked in Divorce for Virginia on
Q: Husband is physically and mentally able to work but hasn't for 13+ years. Is he entitled to 1/2 the house & Condo in VA?

My husband and I have been married for 20+ years. We have two children in college and I have covered all household / educational / vacation, etc. expenses for 13+ years. We own a house and a condo. His brother lives in our condo, but I would like to propose that my husband gets our 1 bedroom... Read more »

Thomas Woodward Ashton
Thomas Woodward Ashton answered on Jan 13, 2020

It’s not as simple as that. Virginia is an equitable distribution state, which does not mean “equal” distribution necessarily. The courts look at a series of factors (really just predetermined categories of evidence) in order to determine what division of assets and debts would be... Read more »

1 Answer | Asked in Estate Planning for Virginia on
Q: Would a Durable Power of Attorney and a Health Directive give an unmarried couple the same rights as a civil marriage?

There are no children involved in the 18-year relationship. We are more concerned with something unexpected such as an accident rather than separation.

James H. Wilson Jr.
James H. Wilson Jr. answered on Jan 13, 2020

No, durable powers of attorney and advance medical directives do not create the same rights and duties as marriage. The public policy of the Commonwealth support marriage as a fundamental institution of society in ways not enjoyed by mere parties to a contract. Spouses enjoy a number of rights and... Read more »

Q: Without my notice, my grandfather’s Culpeper VA home was sold by forced partition sale. Do I have any recourse?

Recently I received an email from a paralegal asking if I’d recieved a check. A PDF was attached with a partition sale documents showing my final proceeds to be about 1.5% of my perceived value of the land that had been in my family for decades; after expenses. About 2 years ago my 2 sisters has... Read more »

Richard Sternberg
Richard Sternberg answered on Jan 13, 2020

It is unlikely that you can reverse the process at this late stage, and it will be useful to understand why you ignored the issue so long. But, in many circumstances, Virginia law in partition rulings is not final for two years after the final order. That might help, but you need to start... Read more »

1 Answer | Asked in Child Support, Civil Litigation and Family Law for Virginia on
Q: Is there a 10 year statute o limitations in Virginia on interest that was added to a child support case in 1994?

Child will be 26 yrs old in Nov 2020 and in the military. There is only $350 left to pay on arrears but $19,000 in interest.

F. Paul Maloof
F. Paul Maloof answered on Jan 13, 2020

I regret that I do not handle domestic relations cases. Sorry.

2 Answers | Asked in Criminal Law and Domestic Violence for Virginia on
Q: Hello so me and my boyfriend got in argument and no physical contact or any hitting was involved but how ever he left

And came back he was angry and I was afraid so I ran and when I ran I cut my legs up like by wood branches how ever he never touched me or pushed but they did charge him with simple assault... what can I do to help him I dont want longterm damage to his life we do have a child in common and I love... Read more »

Daniel P Leavitt
Daniel P Leavitt answered on Jan 11, 2020

It's up to the prosecutor to move forward or not. If you are the only witness then they would need your testimony to convict. It's best for you to probably retain a lawyer for an hour to go over everything with you.

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1 Answer | Asked in Real Estate Law and Tax Law for Virginia on
Q: Property (land) 2 parcels assessment approx. $5,400 part of estate, now delinquent in taxes. Estate closed.

Heirs will not come together to do anything. Received notice for delinquent real estate ad. Please advise

Ross Cameron Hart
Ross Cameron Hart answered on Jan 10, 2020

You have given almost no facts on which a good answer can be based. Even if you had, however, I'd probably refer you to a real estate lawyer to help walk you through the law affecting the property. This forum is designed and good for simple, general questions that will get you to the 'next step'... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: If I have given my ex 5 written certified mail 30 day notices and he refuses to leave.

How long after I file the unlawful detainer will he have to get out. He has no lease,month to month, 3 police reports for violence, conviction for disorderly conduct and he is running my bills up on purpose. He's loud, drunk, and crazy. I want him out as fast as I can get him out. Will he get... Read more »

F. Paul Maloof
F. Paul Maloof answered on Jan 10, 2020

In order to have your ex-spouse ordered to leave the premises, you must have a court order. You can file an Unlawful Detainer, have it served on him and then ask a judge to enter an Order for Possession.

1 Answer | Asked in Family Law for Virginia on
Q: I am not on the birth certificate and they still trying to make me pay child support. By law that’s not right
F. Paul Maloof
F. Paul Maloof answered on Jan 10, 2020

I do not handle domestic relations or child support matters. Sorry.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: What can be done when a landlord's failure to maintain fit premises ends up costing you money?

After moving into an apartment in Arlington, VA in December, my girlfriend and I indicated an air spillage issue that was occurring in the master bedroom in our move-in inspection. Maintenance came and confirmed the leak but failed to follow up. We recently put in another maintenance order to get... Read more »

F. Paul Maloof
F. Paul Maloof answered on Jan 9, 2020

You can call the Office of Housing Code Enforcement for Arlington County and make a complaint. An inspector should come to inspect the housing problem. They may issue a Notice of Violation to the Landlord. You can also tell the Landlord that you will file a Tenant's Assertion and ask for a rent... Read more »

1 Answer | Asked in Divorce for Virginia on
Q: When will we be able to get a divorce?

Jan 24 will be a year since we separated but our daughter was born in October. We both agree that we are never getting back together

James H. Wilson Jr.
James H. Wilson Jr. answered on Jan 9, 2020

The required separation agreement for a no fault divorce in Virginia is one year from the date of separation, with at least one of the parties intending for the separation to be permanent, and maintaining that intent continuously for the period of separation. If the parties have no minor children... Read more »

1 Answer | Asked in Traffic Tickets for Virginia on
Q: I received a summons for court for not having my tags registered. I have since corrected the issue.

What is expected of me when I go in?

Shemeka C Hankins
Shemeka C Hankins answered on Jan 8, 2020

More than likely you will need to bring in your registration of your vehicle to show the vehicle is properly registered. The court will require you to show that to the officer and could dismiss your charges. They could also dismiss it as having complied with the law which may require you to only... Read more »

1 Answer | Asked in Estate Planning for Virginia on
Q: I'm administrator for an estate in Gloucester County, VA. Am I obligated to research back child support of beneficiary?
Jay Braddock Jackson
Jay Braddock Jackson answered on Jan 8, 2020

When a person dies owing back child support, the debt passes to the estate. That debt is owed to the custodial parent and not to the child. Normally, this person would need to file a claim with the probate court in order for the debt to be recognized. It does not appear that you, as administrator... Read more »

1 Answer | Asked in Civil Litigation and Civil Rights for Virginia on
Q: Why is commander in chief important, why should it be an important role of the president?
F. Paul Maloof
F. Paul Maloof answered on Jan 8, 2020

The U.S. Constitution provides for it.

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