Property Legal Questions

I am not certain what you mean by "rights".  You are currently not an owner of the property, therefore you have NO ownership rights.  In your position, now that the house is purchased and there is a mortgage, I would see if its possible to have yourself put on the deed as well.  I cannot see how it would jeopardize anything at this stage and it should be a relatively inexpensive procedure to get you on the deed. Please feel free to contact us for further assistance or information.  At the very least, you should find a way to document your contributions to protect yourself in the future. 203.870.6700... Read More

It is likley they can do that.  Since they are on the deed, I presume it gives all parties equal shares of the home.  If the home were worth $100,000, then you, your spouse, your daughter, and your son-in-law each have 1/4 equity interest, $25,000.  If your home is worth $200,000, then it is $50,000.00.  I suggest contacting an attorney in your state to verify.  ... Read More

Grace, when you were divorced there should have been a settlement agreement that was made an order of the court or a ruling made by a judge if the matter was contested. In either case, the Order will control to a great degree.  Please feel free to contact us for further assistance and/ or answers.  203.870.6700... Read More

I think you are putting the cart before the horse. Although the home is in your name it is most likely "marital property" to some degree, and your spouse most likely has a claim to a partial interest. The advisable thing to do is to go ahead and file for the divorce and ask the court for temporary orders regarding whether the house can go on the market, pending the court's full property division.... Read More

You are basically dealing with a tenant who has abandoned her personal property.  This issue is typically handled with local law enforcement.  They can assist you in determining notice requirements etc. for your ex-friend to obtain her belongings.   For a more detailed answer you can also sit down with an attorney to review your situation in detail and advise you. Best of luck.... Read More

If it was a completed gift, then yes, you could run into issues if you damage the iPad.  In addition to civil liability, it's possible that law enforcement would look into bringing criminal charges.  If it was just an iPad you owned and were letting him use, then you may want to contact law enforcement to ensure he returns your property... Best of luck.... Read More

A big question here is, Why?  What reason has the auto lender given?  This is normally routine.  If there was a written agreement and they are failing to adhere to the terms, then you may be able to bring suit for a breach of that contract.  Ultimately, you will likely want to sit down with an attorney to review your case in detail and advise you of your options. Best of luck.... Read More

Disclaimer: This is not legal advice. Additional information is required. Contact an attorney for more specific information and advice. Afternoon, A simple title transfer may be done by quit claim deed. You may be able to find a form online and file it with the county clerk and recorder office where the property is located by yourself. That being said, you may require more than the basic quit claim deed depending on the surrounding circumstances. Transferring title can have tax implications, cause problems with the banks, be subject to challenge, and an array of other issues. Consider having an attorney draft everything for you. Disclaimer: This is not legal advice. Additional information is required. Contact an attorney for more specific information and advice.... Read More

Sorry but title to the property was in your name and her name jointly, which means that each of you are entitled to 50% of it. It may be a matter of principle to you but legally, you need to sit down with her children and work out a deal for them to transfer their 50% interest over to you or you need to start charging them for their 50% share of the "obligations" associated with the property, including the real estate taxes, insurance, upkeep, etc. Maybe once they are presented with the "obligations" associated with the property, they may change their minds on retaining their 50% share interest. ... Read More

Experience teaches us life lessons and you are trying to explain to your daughter that what this other person has done potentially can blow up on her. In a perfect world, everything works out well and your daughter wins by paying less for the cost of her auto insurance coverage. And she then tells you that your fears were completely unfounded, and you need to trust more. In a less than perfect world (like the one you and I currently live in), people do bad or spiteful things every day and then your daughter calls you crying, saying that she cannot believe that this person has taken advantage of her. And, while you would like to tell your daughter “ I told you so”, you know that such a remark at that moment will not help. So, the best solution would be for this person to sign the title to the car over to your daughter now with your daughter holding the title in her possession, so that at any time, she can transfer title into her name and then also transfer the insurance coverage into her name alone as well ( in this setting though, it will most likely be viewed by MV as a sale and she will have to pay a tax for the sale of the car to her). Alternatively, you can draw up a simple document for both of them to sign, saying that while title to the car is in his name, he acknowledges that your daughter paid for the car, that she is the owner of it and when requested, he will promptly sign the paperwork authorizing the transfer of title into her name alone.  If you ask your daughter to draw up that paperwork, there is a 1.0000925% chance that she will do so and therefore it is better that you prepare it yourself for both to sign. ... Read More

You can file a partition action.  You can file for an injunction.  You likely have other options as well that would help block this move but I would need more details to fully grasp your situation. Please feel free to contact us for further information and assistance. 203.870.6700... Read More

I am a certified divorce and family law attorney by the NJ Supreme Court - meaning that I specialize in divorce & post-divorce matters, custody and child support disputes, domestic violence matters, and prenuptial agreement work. My firm also handles some estate work for clients but with the issue presented, you are better off talking with an estate law specialist. When you run your search, be careful of general practice lawyers who say that they also handle estate claims..... that is like asking a foot doctor to take a look at a brain tumor and tell you what he thinks. Not a good idea. For your purposes, I think that it will be more cost-effective and you will have a better sense of where you stand talking to a specialist. ... Read More

Before having your husband's car towed from the property, you should meet with a family law attorney to understand your rights and your obligations in a divorce setting. If you have his car towed from the property, it will cost you money to have it towed ( the police will not tow it for you), and then it will cost him money to get the vehicle from the facility handling the storage of it. And, my sense is that money is not flowing and adding an unnecessary expense to the mix because you are angry at him, will most likely cause the frustration between the 2 of you to worsen. Meet with a family law attorney and let the lawyer send a letter to your husband putting him on notice and let your husband then make arrangements to move it within a "reasonable" time frame. I am sure that it is frustrating you to see it in the driveway but dont compound an already bad setting. Be smarter and stay in control. ... Read More

In Maryland, liens such as the one you've discribed are good for 12 years, but can be renewed by the creditor for subsequent 12 year periods.  One way to try to have the debt removed from your credit report would be to dispute the debt (in writting) with all three credit reporting agencies.  If the debt can not be proven, it will be removed from your credit report, but will still show as a lien from a monetary judgment in court records.  The only way a legitimate lein can be released is is you saticfy or negociate settlement of the lien with the lein holder.  If the law firm or the lien holder (citibank) can not prove they are entiriled to the lien, I would try to colaterally attack the lien in some manner if possible.  The lien could also be removed should you be eleigable for a consumer bankruptcy.... Read More

The best way to understand how to proceed is to sit down with an estate law specialist ( not a general practice lawyer who also handles estate issues) and let him / her review the terms of the will to see if the estate is responsible for the payment of taxes on transfers of assets or whether it is your husbands responsibility to pay for any tax liabilites. Since I dont know your father in laws asset structure or the terms of the will / estate plan, its impossible and inappropriate for me or any other lawyer to tell you whether there is or is not a tax issue. Again, best way to handle it is to schedule a consultation with an estate law specialist - it is worth the expense of the consultation for peace of mind. ... Read More

Connecticut law recognizes adverse possession as a way to acquire title to property. Adverse possession is a method of acquiring title to real estate, accomplished by an open, visible, and exclusive possession uninterruptedly for a 15-year period (CGS § 52-575; Whitney v. Turmel 180 Conn. 147 (1980)). The essential elements of an adverse possession sufficient to create title to land in a claimant are that the owner is ousted of possession and kept out uninterruptedly for 15 years by an open, visible, and exclusive possession by the claimant, under a claim of right, with the intention of using the property as his own, and without the owner's consent. The possession must be hostile and under a claim of right, actual, open, notorious, exclusive, continuous, and uninterrupted (Goodman v. Quadrato, 142 Conn. 398 (1954)). I think depending on the way in which the poroperty was used and shown to be used will determine how your case goes. You may be able to mount a defense against the claim by showing that the use was not hostile or open or without the owner's consent.  From what you described it sounds more as though the mistake was made in ignorance by both sides.  Please contact me if you would like further assistance.  203.870.6700.... Read More

Contact him  by return reciept mail or email to notify of him to set up a date and time to get his things. Make sure you have a police officer there for the hour....if it gets that far.   Make sure he understands you will toss his things if he doesnt arrange to get them withing a certain set period of time like 30 days. Good luck.... Read More

Since the car loan is in joint name, presumably title to the car is in joint name as well. If so, then you are going to need to put in place an arrangement with the lender to remove his name from the loan and to get him to agree ( in writing) that he will cooperate with his name being taken off of the title to the car as well.  Simply by getting his name off of the loan does not guarantee that he will agree to sign the paperwork to remove his name from the title so make sure that any discussion between the 2 of you on this subject is confirmed in a writing. ... Read More

A contractor, subcontractor, or materials supplier who provides labor, work, or materials for the improvement of private real property located within Florida may be able to file a lien on that property for the value of the materials, labor, or work provided. You may contact my firm if you have additional questions. ... Read More

Whatever amount you pay. Its too much. Do not accept the timeshare. They are liabilities and horrifically terrible investments. You are not actually buying property so in my opinion anything you pay is a joke. No real property is being transferred no matter how much they try to make it look like it is.  Spend your money to go on vacation where you want, when you want and it will always be better and cheaper. Maintenance charges, taxes, hokey made up fees will abound if you take on this liability. Good luck.  And also, don't ever do a pay-day loan.... Read More

Your starting point is the language of your divorce settlement agreement or final judgement of divorce. If the agreement or court order required your husband to transfer title to the properties from joint name into his name alone and that same was to be accomplished by a specific date, you need to follow up with the lawyer who represented you in the divorce to find out if those things were accomplished. If your ex-husband was obligated to transfer the titles to those properties into his name alone under the terms of your divorce agreement or court order and he failed to do so, then you may need to take action in the NJ family court system to compel him to do so or to be responsible for the tax liability incurred by you as a result of his failure to transfer the titles as required. If the agreement or court order required him to transfer the titles into his name alone and he failed to do so, a judge has the authority to hold him liable for the financial consequences of his inaction by making him pay for your tax liabilities and the legal fees for the necessity of the application). A very different issue is presented if you and he never had a writing in place requiring him to transfer title to the properties into his name alone after the divorce. In that setting, it is tougher for a judge to require him to pay for your tax liabilities on those properties when there is nothing in writing to require him to do so. If the "agreement" to transfer title from joint name into his name alone is not in the settlement agreement or court order, then you need to check your emails and your text messages to see if you have anything from him confirming his agreement to transfer title into his name alone.  If you have that in a text message or email, bring that material to a family law specialist so that he can figure out whether he has sufficient information to file an application with the court for relief on your behalf. ... Read More