Property Legal Questions

You may be able to sue in small claims court or in civil court against the party who sold you stolen goods.  You should consult with an attorney with a background in both civil litigation and criminal defense.  If you have all the documents and can make your case, recovery may be possible.  Please feel free to contact us for further assistance or information. 203.870.6700.... Read More

Whether or not the LL should have returned the security to you or your roomate is governed by the lease. In any event, you are still entitled to have your share of the depost returned to you by your roommate.  Consider hiring a lawyer to write him an email or a letter threatening litigation to get him to return the money.... Read More

You are not going to like my observations and my advice, but my role is to give you competent legal advice based on the issue presented. You and she were planning on getting married and in anticipation of that marriage, she put up money towards the purchase of a home. The fact that title is in your name alone does not mean that she has no equitable claim or that you simply get to keep her money. Even if she signed a gift letter, it was still money advanced in contemplation of marriage and therefore you need to address a repayment plan. The fact that you have a restraining order or that she is an alcoholic or any other bad thoughts you have about her does not change your obligation to her. My suggestion is that you need to either work out a payment plan with her for repayment purposes or you need to list and sell the house and repay her the money she advanced. If you think that you will not recoup the full amount paid for the house on a sale, then she should get back her proper percentage of the net proceeds of the sale to make her as whole as possible. Sorry, but you acknowledged that you would not have been able to buy this house without her contribution and it was given over with the expectation that she and you would be living together in the house as the marital home. Bigger issue for me are your children. From everything you said about her, it is clear that she would have presented a danger to your children if you and she were living together and they were exposed to the drinking and violence. Again, you may feel that I am overstepping by bounds, but I suggest that you consider getting counseling for yourself to help you better understand yourself and to help you moving forward with new relations. My focus is on who you decide to introduce to your children. Clearly, in retrospect, this was not someone you should have introduced your children to and I’m sure that she caused you too much stress and potentially caused your children stress as well. The goal is to try and better understand yourself so that you reduce the likelihood of letting this type of person into your life (and into the lives of your children) moving forward. ... Read More

Step 1 is to have an attorney send the neighbor a letter explaining how they are violating the order and ask that they take down the fence or give you access to the easment.  If that doesn't work, Step 2 is to file a lawsuit for a declaratory judgment from the Court that  do have access to the easment, and asking the Court to order them to give you said access.  Would be happy to help draft that letter.  Feel free to call to discuss more. 929-262-1101.... Read More

This does not seem to be a question of law.  You are not being prosecuted, arrested, sued or entangled in any other type of legal matter presumably? This is the wrong forum then.  However, if you want to make the situation go away, find the pills or figure out who stole them.  It is otherwise incredibly difficult to prove a false negative. ... Read More

What is the nature of the property.  You can sue up to $5,000.00 in small claims court.  You might also call the police if the stakes are high enough.  You can also hire an attorney to send a demand letter and maybe scare him into doing the right thing.  Feel free to contact us if we can be of assistance. ... Read More

 If the person does not pay for fair market value for the house, it is considered part gift. That would prevent The woman for a mediately qualifying for Medicaid, if that is an issue.  It is unclear to me what creditors the family is trying to avoid, But generally this is not going to work. ... Read More

The magic questions are: did your husband have a will, and if he did, did it leave all of his real property to you? If he did and it did, it's a simple situation: you need to probate the will and get letters testamentary, find a buyer, and sell the second house with an executor's deed. If he did NOT have a will, or he did but it did not leave all his property to you, you may or may not be sole owner or co-owner of the second house- you may be co-owner together with any children of your husband. More information is needed in order to advise you. ... Read More

The answer depends on your relationship to the property. If the home was foreclosed, the bank owns it until it's auctioned to a new owner. Do you live there under a lease with the bank? Are you the owner who lost the house in a foreclosure?  Are you a tenant who stopped paying rent to the landlord when you found out the house was in foreclosure? Unless you are the actual owner of the property, you have no action against the neighbor. If you are a tenant living in the house under a lease agreement, and the lease promises a driveway for your car, you may have an action against your landlord. Please clarify, and I'll be happy to answer your question. ... Read More

Its impossible to answer your question without more information.  For example, what's the size of your truck?  Were you running loaded or empty?  What's the size of the wrecker? What time of day did the wreck occur?  How far did the wrecker haul your truck?   Could your truck roll or did they have to use dollies?  Who was at fault in the wreck?  What would your friend have charged you for the job? Take all that information to a competent local lawyer and provide any other information he or she may ask for, and you'll have your answer.   ... Read More

The landlord must send an itemization of damages to the tenant within 15 days of the moveout.  The landlord send the notice to the last known address of the tenant.  That probably was the tenancy address.  Did you have your mail forwarded?  If yes, and you did not recieve a notice of damages, its too late for the Landlord to make a claim. If the Landlord did sent the notice, they have 5 years to file a lawsuit to collect the damage. Every thing depends on whether the Landlord sent the notice of damages.... Read More

Yes- you can force a sale of a jointly owned property by bringing a partition action. You are asking the court, in such an action, to divide the property in two by forcing a judicially ordered sale of the house, and then divide the proceeds.  It's really the worst possible way to resolve such a situation because the expenses- lawyers, referees, appraisers- eat up the equity in the house- but sometimes there's no other option. If you could work out a buyout agreement- either lump sum, partial lump sum and monthly payments, or straight monthly payments- that's the best way to avoid litigation.  ... Read More