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My mother passed away in 2014. Left her house to 6 children in her will. 4 wanted to sell. 2 wanted to keep. 1 of the keepers passed away recently. Those wanting to sell still want to sell. Is there any recourse to force sale?
answered on Apr 2, 2018
Yes. The action is called a Petition for Sale in Lieu of Partition. The elements require that the property not be severable. A house isn't severable. Five Hundred acres of farmland is. An apartment building might be. The other element is that one of the owners wishes to sell. There are few... View More 
I was told today by a Property Management company that I need to have an agent if I am going to be an out of state landlord. My property is in Virginia and I will be moving to North Carolina. I am not finding this law online.
answered on Apr 1, 2018
There is “need” and there are “needs.” You may rent out your former residence as you please. No agent is required, and you are free to live where you please. Nobody, other than the owner, may provide real estate brokerage services without a real estate license, so it may be difficult to... View More
I recently separated from the navy (March 23 to be exact). It was an admin separation and I didn’t have a for sure final day so there was no way for me to give a 30days notice. I brought my orders to Remax Alliance and they informed that even though I was moving out on the 16th I would have to... View More
answered on Mar 30, 2018
It is unfortunate that the folks at Remax took that position. Your recourse would be to file a suit in court to claim that they were in error and let a Judge decide.
What can I do to break my lease without it hurting me
answered on Mar 29, 2018
You should check with the Landlord Tenant office in local government, depending on the county or city where you live, but, usually, if the landlord fails to repair an unsafe, residential leasehold, you can withhold rent and pay the most expensive exterminator in town. File a health claim, take... View More
Virginia property mngr filed eviction for non-resident homeowner. VA real estate broker license expired year 2000. No pay or quit notice served before unlawful detainer filed. Possession and money judgement awarded to property mngr. How can a CA resident legally authorize a VA resident to file VA... View More
answered on Mar 27, 2018
In Virginia, a property manager is not required to have a realtor's license to act on behalf of the landlord/owner of the property. It is very unusual that a court would grant a judgment if the 5 day pay or quit notice was not served on the tenant and a copy filed with the court. Perhaps you... View More
Prior to closing the seller had the line leading to the other house (his sisters - house being sold was his parents - seller was the executor of the estate) capped, leaving my neighbor without any water for over a week. After realizing the issue, I had the line repaired until such as time as I can... View More
answered on Mar 26, 2018
There is more to this story, and you need to share it with a lawyer during a consult. If you have decided to grant the neighboring property access to your well in perpetuity and the well is safe that way, a consult is less urgent, but you probably should record a deed of gift to the sister to... View More
The property was gifted. After 6 months a mortgage was opened on the real property. Near the year anniversary of the deceased, the will was contested. The real property has been deeded to the beneficiary's name. The property is in Virginia.
answered on Mar 25, 2018
It is idiotic to try to answer that question without looking at the title abstract, the title exceptions page, and the lawsuit, but if the mortgage loan was taken by someone who is ultimately found to have no title, the title insurance may be paying off big time, particularly if there was a lid... View More
survivor. he passed on 9/3/2016. she has a real estate affidavit showing her as the survivor thru the clerk of court in pulaski co. va. she is selling the property. her ex. was single when he passed, but does have a surviving brother. is the brother entitled to any proceeds even though he... View More
answered on Mar 20, 2018
Generally, divorce severs a tenancy by the entireties, but, if there was a settlement agreement in which the parties agreed to convert the tenancy into a joint tenancy with right of survivorship, then that is what it is, and the property devolves to her. More likely in my experience over the last... View More
answered on Mar 18, 2018
Unless you can flip the contract before closing, you will pay two sets of closing costs and taxes. You need to coordinate with counsel immediately.
Foreclosure took place in 2007. 2nd mtg. note was obtained by a collection company. They have just filed a law suit against me for a judgment. Its been 11 years! Hasn't the statute of limitations passed?
answered on Mar 16, 2018
You should find counsel near you. Sometimes, a judgment can be renewed to 20 years, but they usually expire in ten. We might be able to help with a cease and desist letter, but we can’t defend you in court as far south as Virginia Beach.
Our rent check automatically goes out from our bank account to arrive by the due date each month, and it's been this way for 3 years. Sometime last year, they asked us via email to change the payable from ******* Management Company to *** Investments, LLC., which is the name of the... View More
I would not like to gift or sale this land, due to my ancestors request that the land never leave the family. Please help!!!
answered on Mar 10, 2018
I'm not sure if this is an inquiry from the other side of the family for an anonymous question posted recently. I certainly cannot represent both sides, but I'm nobody's lawyer when I'm answering questions for free on this forum. Usually, there is no way to stop a sale in lieu... View More
The front of my lot has a stem property access to the back. They are putting a fence along their property line and intend to block an area we have used as a driveway since moving here 40 years ago. It is surfaced as a driveway,but their claim is that since it is not on the original plot drawing... View More
answered on Mar 9, 2018
You need to aggressive (not violently, though) defend your rights, or you will lose them in this setting. If you have used the egress for more than 21 years, you are likely to have acquired it by adverse possession even if it wasn't marked. But, if you fail to enforce, you will be left with... View More
answered on Mar 8, 2018
You should do two things: 1) contact the author of the letters to find out more details; and 2) start looking for a new place to live.
The current lease is due to expire and I don't want to frighten the tenants into not renewing their lease. I work and reside outside of the state so I need tenants to supplement some of the mortgage expense in the meantime. Can I show the property to prospective buyers while the tenants are... View More
answered on Mar 7, 2018
The provisions should be included in the lease, such as:
1. If landlord decides to sell the premises, landlord may show the property at certain time of the day, etc.
When there is a lease in place, the new owner/buyer is required to accept the property subject to the terms of the... View More
The property is owned by 2 others as well, and we all would like to sell the property now. How do I go about getting my name on the deed so it can be sold? Does that have to be done in person or are there alternatives.?
answered on Mar 6, 2018
If all owners agree as to ownership, there is usually no need to conform the title before sale. Unless the title is so damaged that a claim to quiet title is required, all three of you should sign a listing agreement to put the property on the market, and the title agent will correct title at the... View More
answered on Mar 5, 2018
1) The Old Fashioned Way: talk to a lawyer you know and trust, and ask them to refer you to someone; or,
2) Do it the new Internet way by asking a question on line and then checking out the reputation of the lawyers who answer (if you’d be happy with the whole world knowing your facts);... View More
My husband and I are still married,(got married in 1985), but not living together. The home we bought in 1999 is only in his name ( to keep interest low). I didn't work, I stayed home raising the kids. If we went by how many years we were married it was 18 before we split up. I just found out... View More
answered on Mar 4, 2018
In all likelihood, he added her name to what he owns, an undivided one-half of the property. But, worse shenanigans have happened in the history of humankind, and you would be wise to purchase a title bring-to-date since your purchase to see if your name remains on title and appears as tenant by... View More
We are in the middle of a huge windstorm where the shed door was torn off the shed. The property management company says that I am responsible for paying for the damages. But other people I've talked to says that they should have insurance that covers it. Also I am due to be moving out of the... View More
answered on Mar 2, 2018
Review your lease. If you don’t know how, retain counsel. It isn’t a big job.
Yesterday we gave 1200 security deposit and 1200 rent to move into a basement ... we never signed any type of lease all we did was fill out an application... We have not moved anything in or stayed in the place . We were gonna sign a lease on Sunday but my boyfriend was just offered a job out of... View More
answered on Mar 2, 2018
Interesting. I guess it depends on whether you have a written contract, because the Statute of Frauds prohibits a contract for real estate that is oral from being binding. But, I know there is a case under DC law in which the signature on a check was deemed to be a signed contract. I don't... View More
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