Residential Real Estate Legal Questions

You're going to have to discuss your case with an attorney and get some real advice.  No one is going to evaluate your case based on the facts as you have stated them here.  Most attorneys provide a free initial consultation.  Email or call an attorney for a full consutlation.... Read More

Joint tenants have the right of survivorship and must own the property in equal shares (50%/50%). Tenants in common can have unequal shares (70%/30%) but do not have the right of survivorship. It sounds like you would be fine with tenants in common based on the amount each of you put down on the home. No matter how you hold title now, it would be easy to transfer the home to joint tenancy or as community property once you are married.... Read More

The lien will eventually have to be paid off, whether by sale or refinance of the property.  It's not going to go away and it will only be more expensive with penalties and interest.  It is also possible for the lienholder to foreclose on the property. While you can pass the property on to your stepson, the real issue is paying off the lien and does the proeprty have equity?... Read More

The Good Neighbor Fence Act of 2013 (Civil Code section 841) states that a fence on the border of adjoining landowners benefits both neighbors and each must share in the costs of the repairing or maintaining the fence.  So at the very least the HOA, as your neighbor, would be responsible for paying for half of the costs to repair your common fence. In order to require the neighbor to pay for half of the repairs, maintenance or replacement of the mutual border fence, you’ll have to give 30-days written notice of the work to be done to your neighbor.  Then you can begin the work and if your neighbor doesn’t pay for half, then you can sue your neighbor for half of the costs.... Read More

If the HOA is attempting to enforce requirement more restrictive than the convents allow, you should consult with an attorney to send a demand letter based on their actions in excess of their authority. If you contact my office we'll give you a free 30 minute consult to see if we can help you.   303-688-0944... Read More

If you are talking about an audit from the IRS, then that is unlikely to be triggered because your uncle relinquished title to a property. However, there may be gift tax and/or income tax consquences to transferring your uncle's insterest to you.  The property taxes also may go up from a reassessment of the property from the transfer. Call or email an attorney to help you with this transaction.... Read More

I recommend that you contact an attorney to draft a deed for you.  This asset with worth many thousands of dollars and you do not want to cause thousands of dollars worth of damages in an attempt to save a few hundred dollars.  I can do this for you on a flat fee, likely only $300.  ... Read More

I'm not sure exactly what you are asking.     But, it is unlikely that the Landlord has the right to simply come into the property and take personal property of the tenant in an effort to collect unpaid rent.    This would generally be called theft.     Good Luck!... Read More

Is there some specific question or issue that you need addressed?  The practice of law involves applying legal authority to a set of facts.  To review CC&Rs and the like just for the sake of it is almost meaningless without some end goal in mind.  Any attorney would do this work hourly.... Read More

When there is a disagreement between co-owners or partners about how to work together or a dispute about co-ownership, a partition action asks the court to divide the property between the co-owners or partners. California Civil Code §§ 872.010, et seq. contains the rules regarding partition actions. At least one co-owner or partner initiates the partition action with a court action to end the joint ownership relationship and distribute the property or sell the property and distribute the proceeds of the sale. You don't have to have a reason for filing the partition action; you can bring it as a matter of right. If the action involves real estate, then the attorney will immediately file a notice of pending action (lis pendens) to put everyone on notice that there is litigation affecting the title to the property. In California the attorneys' fees and costs for a partition action paid for by one party for the benefit of all parties are typically chargeable to everyone. In other words, the court will apportion those costs and fees amongst all of the owners, typically on a proportionate basis to their ownership interests. These can be paid out of the sale proceeds of the property or business. However, attorneys fees incurred in controversies between the owners are generally not divided-up, but rather must be paid by the individuals themselves. So depending upon your facts, your attorney's fees and court costs may be reimbursed out of the sale of the property or business by the other owners in proportion to their ownership interest. One or more of the co-owners or partners can buy out one or more of the other co-owners or partners. This often happens when there is a dispute about co-ownership. Partition actions often settle. This is because the more everyone fights, the less money everyone gets. An attorney will enter into settlement negotiations to come to a settlement agreement. Usually, they would agree to have the property or business appraised and sold, or one co-owner agrees to buy out another co-owner. Settlement is always less costly and less stressful for the parties.... Read More

If you used the standard California Association of Realtors residential purchase agreement form, then you agreed to first go to mediation to settle any dispute between you and the seller. In mediation, each party pays their own attorneys fees. You will not be able to get attorneys fees if you win in arbitration or court unless you go to mediation first. If you agreed to arbitration, then you would next be required to go to arbitrate if you don't settle in mediation. If you didn't agree to arbitration, then you will be in court. Whether or not you're entitled to the earnest money deposit, depends upon the terms of the purchase agreement, the reasons why you terminated the agreement, and whether or not you properly terminated. You should have an attorney represent you in both the mediation and arbitration and/or court proceeding.... Read More

You can get your neighbor to pay for half of the fence under the Good Neighbor Fence Act of 2013 (Civil Code section 841) states that a fence on the border of adjoining landowners benefits both neighbors and each must share in the costs of the repairing or maintaining the fence.  So at the very least, your neighbor would be responsible for paying for half of the costs to repair your common fence. In order to require the neighbor to pay for half of the repairs, maintenance or replacement of the mutual border fence, you’ll have to give 30-days written notice of the work to be done to your neighbor.  Then you can begin the work and if your neighbor doesn’t pay for half, then you can sue your neighbor for half of the costs. As for the HOA, you can request that they allow you to retroactively apply for moving the fence.... Read More

In order to get a lien against your house, the landlord must obtain a judgment against you in a court action and the record the lien with the county recorder's office.  A lien is not automatic just because you owe someone some money. You will continue to owe rent until either you or your landlord properly terminates your tenancy.  While they will "get back to you on it," your bill is running up in unpaid rent.  It's not just give it back to them, it's give it back to them plus the money you owe.  The landlord's process to tell you to vacate would be to give you a 30-Day Notice to Quit, but you'll owe for rent until the notice period is expired. First, try to negotiate with the landlord to either terminate the tenancy or allow you to make payments towards any back rents that you owe.  Second, if you want to terminate the tenancy and stop the balance of rent running up, then give a 30-Day Notice of Termination to the landlord.  ... Read More

Hire an attorney to review the zoning for the property including the setback requirements, county general code, and the city municipal code to determine the difference and when each came into affect.  If your zoning has changed, then you would need notice of the new general plan.  Then draft a letter to the planning department and the building and safety department to assert your rights.  You may need an administrative review of the decision of the building inspector.  And if that doesn't work, then a writ of mandamus requiring the inspector to do his job.... Read More

First and foremost, submit a claim to your insurance company for the damage.  Whoever will be responsible for the damages depends on the facts and circumstances of the leak.  You can argue back and forth between you, your neighbor, the construction workers, or the HOA but at the end of the day, only a court will be able to determine who is responsible after exhaustive testimony from construction experts.... Read More

Yes, you have every right to a reasonable accomodation under the ADA.  You will need an attorney to draft a demand letter asserting your rights and demanding a reasonable accomodation.  You can request mediation if that doesn't work.  The next escalation would be to initiate litigation.  Contact an attorney for a full consultation.... Read More

I assume that both of you are on title to the property as co-owners, since both of your are borrowers on the loan.  Either co-owner can file a partion action that requests the court to order the property be sold and that the proceeds be divided among the co-owners.  One co-owner can purchase the property from the other co-owner... essentially paying for her half equity interest.  The partion action can also include an accounting to equally divide the expenses of the property among the co-owners, since she refuses to pay for her half you can take that out of her share of the property. There is little to no chance of removing her name from the loan without refinancing or selling the property, since the lender has to agree to absolving her of liability for the loan.  Not going to happen.... Read More

Your aunt will most likely not have to file a gift tax return if she sells the property to you under these circumstances. A buyer and a seller can agree to any sales price that they wish, and there is no gift of the excess value of the property over the sales price. You're not required to use a real estate agent for this transaction. You can have an attorney draft the purchase agreement and the disclosures required. You would still go through an escrow agent and use title insurance.... Read More

A quiet title action is a lawsuit that requests that the court determined the ownership of real property. To remove a straw buyer off of title to a property in which someone else has the beneficial ownership you will have to initiate a quiet title action under a constructive trust theory. Contact an attorney to initiate a quiet title action for you.... Read More

The Good Neighbor Fence Act of 2013 provides that adjoining neighbors equally benefit from a shared fence. Under certain conditions, neighbors will be deemed to have both benefited from the repairs and maintenance of the shared fence. And thus, they will both have to share in the cost of the repair maintenance. The statute requires that proper notice be given to the other neighbor before any work is commenced. So long as the conditions are met and you have properly given notice, then your neighbor will be required to share the cost of the fence. However, you may have to initiate legal action to enforce the statute.... Read More