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Recent Homestead questions

My husband and I are separated. We are not in a rush to be

My husband and I are separated. We are not in a rush to be formally divorced as I am not currently working and am covered under his medical insurance. He is looking to buy a house with his girlfriend in the state if Florida (where he currently resides). He was told that he cannot buy a house without my name on the deed and/or the mortgage. I have no interest in doing either, as I am not investing in this house nor living in it. I had read something about a "Homestead Waiver", which would allow me to waive my rights to the house. Anyone my husband has spoken to knows nothing about this. Is there such a thing?

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DrakeLAW

Juris Doctorate

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Pre-Marital Agreement. A California Divorce and Property

Pre-Marital Agreement. A California Divorce and Property settlement. I have a complete Pre-marital Agreement, prepared in accordance to the Pre-Marital Agreements Act and Case Law as Contained in Family Code sections 1600-1617, in which my to be wife and her Attorney signed. Her current attorney representing her in the Divorce/ Property settlement is trying to invalidate it, when the agreement so states the only way it can be invalidated is for a statement is signed so invalidating it?In 2011 - 2012 my health prognosis was not very good as I am 77 and she is 53, I deeded a percentage of 4 properties to her and in 2014, I declared BK and one of the properties that I deeded 25% ownership in was seized by the BK court and sold. That particular property was Homesteaded by me and because of my age I was awarded a $175,000 exemption. The BK Court negated the transfer of 25% in the Homesteaded Property, due to lack of funds being exchanged. The other 3 properties were part of an inheritance in which I deeded the entire 25% ownership to her. These 3 lots were released by the BK court back to her, as they deemed them to have Title Flaws, etc. As far as i am concerned, she can have those lots, however she wants those plus she wants 25% of the $175,000 exemption? I have valid proof that she was the cause of the BK, plus a statement in thye Pre-marital Agreement says; "The parties agree that a change in form of their separate property shall not constitute a change in its characterization and the separate property of each party shall remain that party's separate property regardless of any change in form."I have gone Pro-per and she is on her second attorney, which is being paid for by her new boyfriend, which use to be an old friend of mine. A few twist over 2 years of battle, in which I had to do a Ex-Parte hearing to overturn a court order that was attempting to make me divide the money from the BK court Exemption. Thanks to you and your organization gave me the information necessary to stop it.I need case history of Pre-marital's that were invalidated and why? I also need case history of Pre-marital agreements being upheld in court and why. My agreement contains a provision for Attorney and legal expenses to the prevailing party? Can I ask for that before the final decision or do I have to wait for the final?

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Law Educator, Esq.

Attorney At Law

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My wife and I are separating, not legally yet, she is

My wife and I are separating, not legally yet, she is refinancing the house and giving me cash out on my half of the equity, so I can purchase my own property. To ensure neither of us claim future equity or rights to in the other's house, will we be protected if we each sign Homestead Waivers on the other's mortgage? Or, is there another document we should use?

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LawTalk

Attorney at Law

Juris Doctor

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My BIL has owned 5 acres in Texas since 2001. As as he has

My BIL has owned 5 acres in Texas since 2001. As long as he has owned it, it has been taxed as 2 tracts of 3 acres ( his homestead),and 2 acres of non-essential property. Now he is trying to sell the 2 acre tract and has discovered that his 5 acres were never divided into two tracts and that in order to sell the 2 acre tract he will have to spend 7 to 10 thousand dollars! What gives?

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Ray

Lawyer

Doctoral Degree

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Is an individual AK, who owns a Florida Condo where a guest,

Is an individual AK, who owns a Florida Condo where a guest, SB, resides, responsible in any way as an accomplice to the actions of SB, if said SB assaults the Condo Manager while AK looks on and says nothing and does nothing.Scenario: A Florida Condo owner, AK, has a person residing with her who is not an owner according to the documents. A leak occurs in the condo. The Manager appears with maintenance staff to fix the leak. At the hallway entrance outside the apartment SB proceeds to scream and yell at the manager within 6-8 inches of his face. This goes on for some 5-10 minutes. AK stands within 3-4 feet of the manager and SB and neither says nor does anything. Nor does she seek to mitigate the event later by apologizing in any way.The event is deemed an assault under Florida law. An assault is deemed "violence" under the law, even though there was no physical touching of any kind. The manager filed a police report and has suffered sleepless nights and considerable emotional distress.The matter will be the subject of a formal complaint with the State attorney's office within the next few days.Question: Since AK is the owner of the unit, and since the presence of SB in the building is entirely her responsibility, and since she stood by and allowed SB to assault the manager, without in any way attempting to intervene or stop the assault, isn't she guilty of aiding and abetting the assault, and/or being an accomplice to the assault by facilitating it? Thus shouldn't the formal complaint include her as an accomplice?Moreover, AK is already the subject of a valid pending Bar complaint relating to another aspect of the SB situation. Doesn't this action on her part warrant a further amendment to the complaint. (A complaint that has been sent to AK by the Bar, who hired a top attorney to defend her and whose response has already been rebutted. I add this to indicate that the Bar compliant is not frivolous)

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Gerald-Esquire

Juris Doctor

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I live in Texas and I protested my property taxes. I

I live in Texas and I protested my property taxes. I received a settelment offer that was higher than value that I protested. Both values are higher than the homestead cap allowed. I am not sure how to handle the offer. I don't want to accept the offer because it is higher than the original appraised value. If I decline the offer, I will have to go before the board and who knows what that will be. If both appraisals are higher than the homestead cap. How should I proceed? Is there someone in the appraisal office looking to see that some homes are above the homestead cap?

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MIAMILAW1127

Partner

Juris Doctorate

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I just closed on a house in CT this past Friday and moved in

Hello. I just closed on a house in CT this past Friday and moved in yesterday.The property I purchased has a right of way across a small portion of the neighbor's property. This includes use of a bridge that allows us to cross a small creek/river to get to our house. The bridge is on the neighbor's property and they own responsibility for maintenance of the bridge.Today, the neighbor told us we're no longer able to drive across the bridge because it's unsafe and needs to be replaced. She said she has no money to replace it and we need to park on the other side of the river and walk to our house. There is no plan to remedy the bridge in the near future. The estimate she gave us for the replacement of the bridge was $110K.She also mentioned that the sellers were aware of this issue.We can access our property, but this is a pretty massive problem. It will prohibit us from having any visitors to the property and will prevent us from getting the materials to the house that are needed to renovate, repair an existing septic issue, etc.A few questions:1. What are my options for a forcing the owner of the bridge to remedy the issue?2. Can I continue to use the bridge, even though she's asked us not to?3. Does the seller have any liability in this issue, if they knew about the problem and didn't disclose?

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Barrister

Attorney/Landlord/Realtor

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I own a condo with someone else (we're both on the

I own a condo with someone else (we're both on the title). I'm not married to this person and they don't live at the condo. I live there by myself.I'm wondering what kind of risks are inherent to this situation for both parties. One example I could think of is if the other owner gets sued, couldn't they come after their half of the condo by forcing the condo to be sold?Another example i'm unsure of: if our unit causes damage to another condo in our building (say with water or fire damage), would the other owner be potentially responsible as an owner? Or if our condo association levies a special assessment, would the other owner be legally responsible for paying?Please help me list out all the potential risks of our ownership/living situation inherent for both parties.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

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Question RE Lawyer familiar with Maryland. I have a sales

Question for a RE Lawyer familiar with Maryland. I have a sales contract to be reviewed for a property in MD. Background: House has been empty for 2 years. Upkeep is not trivial. My Realtor told me I need to put another 10k into it to sell it for 10k less than what I owe... a guy who usually does flips offered toa) rental manage it b) find the renter or buyer c) pay me my monthly mortage and d)put the house in rentable conditions. in return he gets a) to keep any extra rent he can rent it out for 3 years and b) gets to buy the house within anytime from now until 3 years for what I owe on it....This would really help me out but I wan tot make sure there is not a "trap" in there hidden.. The text of the contract is this:"Option to Purchase Real Property AgreementDate: _________________This option agreement is entered into between the Parties, Seller(s) and Buyer(s), below inconsideration of and subject to the following terms and conditions.1. Parties: (Camley Homes Llc.) and/or assigns as “Buyer” and__________________________________________________________________ as “Seller”2. Property Address: __________________________________________________________3. Offer: Buyer has the option to buy the property at $_________________________________4. Period: 60days5. Provisions:- Seller understands that Buyer is acting as a principle in the transaction and is notworking as a licensed real estate broker representing anyone in the transaction.- Upon Buyer's decision to exercise this option, both parties agree to move forward withthe necessary standard purchase and sales agreement.- If Buyer fails to proceed with the option within 60 days of acceptance of this OptionAgreement, this agreement becomes null and void.- All parties agree that property is being sold in “as is” condition unless noted otherwise.6. Added Comments: Camley Homes Llc, Agrees to clean, touch up paint,and prepare thehouse for a tenant/buyer.7. Buyer agrees to pay payments of approx. 1050.00/ month for rent/mortgage payment for up to3 years (36months).Before or at the end of the 3 year term, buyer must obtain own financingand pay the remaining balance owed on the mortgage off.Buyer: __________________________________________________ Date: ___________Seller: _________________________________________ Date: __________________Seller: _________________________________________ Date: __________________Please call or email acceptance notification within 24 hours to:(CAMLEY HOMES LLC.)PHONE: -(***-***-****) EMAIL:(*****@******.***"

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

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