Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law

With my separated wife disputing every contract she

Customer Question
With my separated wife disputing...
With my separated wife disputing every contract for which she agreed , signed and benefited on why am I accruing all these legal costs. My attny filed both contracts with the court, I am hit with paying her back taxes on property she owned at separation then later gave to me. How do I get my legal costs back as only her unfounded defiance is costing me?
Submitted: 1 year ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 27 minutes by:
4/18/2016
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 1 year ago
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 121,024
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If you prove she has violated the contracts willfully and maliciously, which is what you are saying she has done, then part of your damages in those cases would be an award for your attorney's fees and costs incurred in pursuing those cases. That is how you would recover your attorney's fees and costs once you prove in those cases that the cases were not valid claims against you and she willfully and maliciously violated the court orders and contracts you have with her.

Ask Your Own Real Estate Law Question
Customer reply replied 1 year ago

Her contract terms is that she owes m $95K to buy out my marital share. She didn't have this money so I made an agreement with her that she could sell her princ property and with her proceeds pay m. She sold the property and the proceeds are now in an escrow under both my and her attorney..This is just more legal fees and cost to get this money freed yet her contract states its owed to me. So can I really state she has willfully and maliciously violated a court order when the money owed to me is there. I don't have it and she doesn;t have it. But she has no cause to hold it so why do I hav to pay legal fees to get what is owed to me..Why isn't she billed for this?

Real Estate Lawyer: Law Educator, Esq., Lawyer replied 1 year ago

Thank you for your reply.

I am aware of the issue she has. Like I said, under the law, in order to recover your attorney's fees and costs you first have to win your case and then you can pursue her for costs and attorney's fees for her willful and malicious breach of contract. That is how these cases work, she is not billed for your attorney's fees, you have to prove her willful and malicious breach of contract and win your case first and then the court can award you attorney's fees as part of your judgment.

Ask Your Own Real Estate Law Question
Customer reply replied 1 year ago

What court do I need to win this case in? Can I do it without my attorney if its just enforcing contracts?

Real Estate Lawyer: Law Educator, Esq., Lawyer replied 1 year ago
No, you cannot do it without your attorney pursuing these cases in the courts where he has the cases filed. Once you win each case, as part of your judgment your attorney would seek your recovery of attorney's fees in each case.
Ask Your Own Real Estate Law Question
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 121,024
121,024 Satisfied Customers
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,925 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
How does a repair escrow work? I am a buyer. If I have
How does a repair escrow work? I am a buyer. If I have something repaired after closing, do I need to get seller approval for reimbursement purpose? If he doesn't agree, what should I do?… read more
LegalGems
LegalGems
Juris Doctorate
10,665 satisfied customers
I'm in escrow on a house that is set to close in two weeks.
Hello, I'm in escrow on a house that is set to close in two weeks. I had the property surveyed (5.3 acres) it came back that a large concrete batting cage and a portion of the RV parking area that was… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,292 satisfied customers
SALING MY HOUSE BUT RIGHT NOW THE ESCROW FOR ABOUT 10 DAYS
IM IN SALING MY HOUSE BUT RIGHT NOW IM INSIDE THE ESCROW FOR ABOUT 10 DAYS IS THERE ANY WAY I CAN GET OUT OF THE ESCROW AND DONT WAN TO SALE MY HOUSE … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Selling condo, have purchase agreement. Now escrow co. tell
Selling condo, have purchase agreement. Now escrow co. tell us we need to pay $$$ for Statement of Account and another $$$ for Covenant Compliance Inspection. I am suspicious of these two fees. … read more
LegalGems
LegalGems
Juris Doctorate
10,665 satisfied customers
Selling condo, have purchase agreement. Now escrow co. tell
Second opinion] Selling condo, have purchase agreement. Now escrow co. tell us we need to pay $$$ for Statement of Account and another $$$ for Covenant Compliance Inspection. I am suspicious of these … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,142 satisfied customers
I have a dispute with my title/escrow company that closed my
I have a dispute with my title/escrow company that closed my home purchase, I want to file a small claims against them but need to know if I have a case or not, I need an attorney to review 4 letters/… read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
Can a seller provide an escrow account for a buyer to pay
Can a seller provide an escrow account for a buyer to pay for repairs after closing? … read more
LegalGems
LegalGems
Juris Doctorate
10,665 satisfied customers
I'm in escrow on a REO in Hawaii. This house foreclosed and
I'm in escrow on a REO in Hawaii. This house foreclosed and was bought by Mellon Bank of NY who is now selling it to me. There are liens on the property that they have known of since 2/17, but have no… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,698 satisfied customers
We were in escrow for more than 50 days, the buyers back out
We were in escrow for more than 50 days, the buyers back out and cancel the purchase. The buyer said because of loss of job and financial hardship. Is this a breach of contract based on the liquidated… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I am in escrow on a and the sellers agent has been a total
hi, I am in escrow on a triplex and the sellers agent has been a total nightmare to work with. The unit had sewer lines repairs needed and it was in the contract that it would be delivered with workin… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
I want to escrow my own taxes and was told no. Also, lender
I want to escrow my own taxes and was told no. Also, lender is going to transfer my loan immediately and I fear there terms won't agree with my plans.No I have not been told who they will sell it to. … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,290 satisfied customers
The house we are buying is in escrow and they had an $85,000
Second opinion] The house we are buying is in escrow and they had an $85,000 water damage. We still want the house.The sellers are doing everything they can to have us back out, which we are not doing… read more
Seattle Scott
Seattle Scott
Private practice attorney
995 satisfied customers
The house we are buying is in escrow and they had an $85,000
The house we are buying is in escrow and they had an $85,000 water damage. We still want the house.The sellers are doing everything they can to have us back out, which we are not doing. Now, they're s… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I listed my house for $315,000 and know it is escrow for the
I listed my house for $315,000 and know it is escrow for the asking price and know we have found out that the house has a lien on it about 7 years ago I had a loan Mod on the house I had a 1st and 2nd… read more
DrakeLAW
DrakeLAW
Juris Doctorate
973 satisfied customers
We have a situation where $6,500 in a Holdback by the escrow
We have a situation where $6,500 in a Holdback by the escrow company was established that required that the Buyers must write a letter of release of the Holdback funds when particular work was complet… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,142 satisfied customers
Is there case law involving escrow company and refinancing a
Is there case law involving escrow company and refinancing a home to a terminally ill client? … read more
Michael Bradley
Michael Bradley
JD
1,191 satisfied customers
Are there HUD restrictions on how much escrow a mortgage
Are there HUD restrictions on how much escrow a mortgage company can ask for? I found a rule under Additional Collections that says it can be no more than one-sixteenth of total annual requirements, b… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I need an expert escrow that can look at an escrow agreement
I need an expert escrow that can look at an escrow agreement and give me expert advice and has profession liability insurance for such advice … read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,698 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x