Get free answers to your Real Estate Law legal questions from lawyers in your area.
He has already been pre qualified and both will be on the deed but only my dad will be on the mortgage
answered on Aug 14, 2022
You need to consult counsel before anyone signs an offer on a home. Depending on the circumstances, it might be possible to contribute funds to the purchase, but I don't know what "brother dad" means; I can't determine from your question who is on the deed and who is on the... View More 
My parents told me they wanted to leave me their house when they both past away. I sold my house and moved in with them. One year later my father pasted away and not even 2 months later my mom said that she wasn't going to leave me the house because she had 3 other kids to think about. Is this... View More
answered on Aug 14, 2022
Almost all contracts are verbal, either oral (spoken) or written. A last will and testament requires certain formalities, as does a revocable or irrevocable trust. Both must be in writing and signed. In spite of the absence of a written will, trust, or contract, in some instances a court can... View More
I currently have my brother and his family residing at my home in preparation for me to leave on deployment since my spouse refuse to take care of the house. My brother is the POA for me while I'm away, however do I need to have additional documents saying I allowed them to live there.... View More
answered on Aug 8, 2022
You should provide to him a document expressly authorizing him to stay in your house to care for the same.
Here's some old Virginia law: "One joint tenant, co-parcener, or tenant in common, although he has a right to the possession of the whole against strangers, cannot make a... View More
The divorce settlement states that she gets the house only once she can obtain a loan. So can I refinance the loan in any way before she takes it over in order to get some money out of the house? Or will I need her to sign anything?
answered on Jul 31, 2022
See a real estate lawyer, show the PSA and title and loan documents. Then, the lawyer can outline your options and how to proceed.
Not a legal advice nor any attorney-client relationship.
She has been writing rent on her checks and not mortgage.
answered on Jul 31, 2022
You need to see a lawyer who will learn more about the arrangements and understanding between you and your girlfriend, then advice, counsel and provide options. Or, it could be as simple as a memo on the check "for rent only".
Not a legal advice nor a an attorney-client... View More
I bought my listed 5 bed 3 bath home in Jan 2021 . Everything has been great but had a plumbing issue and found after septic people came out and plumber that it has a 2 person max occupancy. It was never disclosed to me . Only reason it has come to light now is that we had the issue of water... View More
answered on Jul 31, 2022
I am sorry to hear what you just learned and the possible consequences. You might have a recourse against the seller, the seller's agent, your agent, or ask the title insurance underwriter for help. But, without a lawyer reviewing all the relevant documents who can then provide proper advice,... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 15, 2022
Hire a VA attorney to file an Action for an Accounting.
Hi i have a rental property in Virginia. The tenant has moved out after the lease completed. They did not do a wakthru. There is mold and appliances have been abused. the repairs are more than the deposit amount. they are refusing to pay. what are my options.
answered on May 23, 2022
You can ask politely and be ignored; or you can document the evidence, send a demand letter, and sue.
answered on May 5, 2022
Property that is acquired by gift or inheritance during a marriage in Virginia starts as separate property in equitable distribution. This is an exception to the general rule that property acquired during the marriage and before the last date of separation is presumed to be marital property, no... View More
Is it possible to just have spouse added to va loan once married or are the only options: refinancing and adding them, doing a gift deed or quite deed? Mostly curious about having then added to the deed and not necessarily on the mortgage
answered on Apr 26, 2022
My first thought is "WHY?" Why would you want your (new) spouse to become legally responsible for a loan that you, individually, qualified for. You don't need to.
As for adding your (new) spouse to the title to the property, it's fairly easy and any real estate lawyer... View More
Shouldn’t they have a shut off valve on their property? Since the property was recently sold or in process of shouldn’t this be remedied? Easement in question.
answered on Apr 21, 2022
The only way to get a competent answer to this is to review the deeds and the survey. If I assume that the water cut off is in the utility easement, then the utility has the permanent right to access that cut-off on your property within their easement as often as needed. The cost of changing that... View More
My sister-in-law advertised my husband's land for sale without his knowledge or permission on a Facebook Online Yard Sale with her name and contact info. She is not a real estate agent, and has never held a real estate license and has no ownership interest in the property. She also told a man... View More
answered on Apr 11, 2022
You are going to need a WV lawyer, and I am only licensed in Virginia as well as DC and Maryland. Nevertheless, you can't sue for damages unless you are damaged, but your husband can give her a proper notice to stay off the land if he owns it and she does not. As to unlicensed advertising of... View More
Or declaration of heirs. 24 houses have been constructed and no one wants to pay Crim, up to $30k owe.
How do I begin this journey to obtain what is mine?
answered on Apr 7, 2022
Property generally does not descend as you are anticipating. There is generally no right to a specific 1.5 acres or $30,000. What you have — assuming you are a common co-tenant of the whole by descent— is the right to partition or to sell in lieu of partition. That requires a settlement or a... View More
After proper notification of termination of Virginia Association of Realtors Property Management Agreement, can prior property manager continue to collect management fees after new lease agreement is made with tenant by new property manager.
answered on Apr 5, 2022
It depends on what the contracts you signed said. Either read them yourself or retain counsel to help you understand them. It's not a bad idea to read them before you sign them, too.
I have kept payments current in the mortgage for 3.5 yrs but would like to re-finance it in my name only. Do I have to get permission from him to do this? A bank is telling me he has to sign a form
answered on Apr 4, 2022
I start with the general principle that banks are stupid, and the bigger the bank the stupider they are.
To clarify: When you bought the property the seller delivered a deed which lists ONLY you as the grantee (buyer). To finance the purchase both you and your then fiancee was on the loan... View More
short term lease six month. Renter purchased a home 4 month later. Security deposit returned. I had to pay $,3000.00 broker fee to recruit new tenant. Now she has filed a lawsuit . Looking guidance
answered on Mar 29, 2022
Your description is not sufficiently clear. The tenant broke the lease. Nevertheless, you chose to return the full deposit without deducting for the rent or brokerage damages. Now, the tenant is suing you? Regardless of whether I understood you, you need a lawyer to review the facts. Perhaps it is... View More
I sold a house to family and trying to change the deed from my name to theirs. I was told by the record's office that a General Warranty Deed would charge me taxes and that I needed to add an exemption code and use the correct title.
answered on Mar 25, 2022
I recommend you go see a real estate lawyer near you to explain how this can be done.
answered on Mar 21, 2022
It depends on what your dad wants. What does separately mean? I would recommend your dad reaches out to an estate planning lawyer and explain what he wants. Then, the lawyer can tell him what estate documents he needs.
The decedent passed away in 2021 and we were told that the medical bills had to be paid off regardless of the passing away.
answered on Mar 15, 2022
Yes, the bills have to be paid ... but not by you. The creditors may file a probate estate for the decedent and/or file a claim in an existing estate, and they may get paid from the estate assets. Far more rarely, if the medical treatment was "necessary," which medical treatment is... View More
bought condo in 2002 window guards looked old then and are set in the brick like it is an original feature. I have never heard a word until 2 weeks before my closing of selling my condo. There are several other windows with metal bars including storage rooms owned by the condo. Should I be... View More
answered on Mar 14, 2022
There is no way to answer your question other than to review all the documents. I can, however, note that, like the First Amendment, the prohibition on ex post facto laws binds the federal government, not your condo board.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
