Real Estate Legal Questions

You can avoid probate if something happens to you and he will benefit from the homestead tax exemption. Further, there are documentary stamp taxes that you have to pay based on the value of the mortgage. I would not worry about the calling of the mortgage.  Call me to discuss, 305-283-4785. Thanks. ... Read More

It sounds like the access to the lake and north side of the dock is an easement benefitting the property you now own.  If so, it “runs with the land” so benefits whoever owns your land at a given point in time.  There could be a problem if it is not mentioned in any deed over the past 40 years due to the Marketable Record Title Act.  Also, it is possible, though not likely, that the deed that earlier mentioned the access made clear that the access right was personal to the owner of your land at that time and would expire upon a transfer; if it was intended to be personal it would usually not be mentioned in the deed. ... Read More

No, not without a court order.  There may be some situations in which signing the QC deed would make sense but probably more in which it would not.  In all situations, it should be part of a negotiated resolution.  You need to have legal counsel to help you work through this. There are social agencies that can help you navigate your recovery from the abusive situation; they should be able to point you to legal help. ... Read More

I am not certain what you mean by a Surviorship Deed Joint Tenants. If your partner executed and recorded or delivered to you a deed conveying title to you on his passing, you would have title on his passing, assuming he does not do something else with the property during his lifetime.   If the deed conveys title to himself and you as joint tenants, or as joint tenants with rights of survivorship, you would share ownership as joint tenants during his lifetime and upon his passing you would have title to the real property. There is an important difference between joint tenants and joint tenants with rights of survivorship, though: with the first, either joint tenant can break the joint tenancy, converting it into a tenancy in common while with the second, neither joint tenant alone can do that.   If the deed conveys title to the two of you, without saying joint tenants or joint tenants with rights of survivorship, you would share ownership as tenants in common, in which case his half interest would go to his estate and you would hold the other half interest.  I hope this helps clarify your situation.... Read More

In general, there are no average attorney fees for a particular town or region in Puerto Rico. Instead, it will depend on each case and circumstances. However, the law in Puerto Rico states that the maximum fee is 1% of the sales price. On the other hand, the attorney fees are typically paid by the seller unless otherwise agreed to with the buyer.... Read More