what kind of lawyer handles disputes over joint investments fl

by Mac Kautzer 10 min read

What does a lawyer specialize in real estate?

The team at Barry Miller Law has intimate familiarity with FR/BAR Contracts, escrow procedures including dispute mediation and resolution, and all other aspects of Florida real estate law.

How can a local real estate attorney help you?

The experienced real estate attorneys at the Brink Law Firm can explore the circumstances of your case and can lay out all of your legal options. To schedule a consultation or case evaluation with a Tacoma joint ownership dispute lawyer, please call …

Why choose brink law firm for real estate disputes?

Co-ownership disputes may be settled through one owner buying the other out, or an agreement to sell the property. A knowledgeable attorney can advise about the advantages and disadvantages of partition actions and other options available to feuding co-owners. ÂąIdeally, when co-owning property (whether with family, friends, or others), owners ...

Who is involved in a property dispute?

Sep 29, 2020 · Criminal Lawyer. If you or a loved one has been charged with a crime, a criminal lawyer is the type of lawyer you should turn to. A criminal lawyer will be knowledgeable in areas related to criminal law, including issues related to bail, arraignment, arrest, pleas and any issues relating to the criminal trial itself.

Can a jointly owned property be sold by one owner?

Yes one co-owner can sell his share to third party without consent from other co-owner. The shareholder cannot sell his share with demarcation.

What are the rights of a co-owner?

A co-owner is entitled to three essentials of ownership. This includes the right to possession, the right to use and the right to dispose of his share of the property if it is clearly stated in the deed. Therefore, if a co-owner is deprived of her property, she has a right to be put back in possession.Aug 26, 2016

How can I get my shares out of joint property?

A spouse can also issue a surrender deed or a gift deed and hand over his/her share to the separating partner. In such a situation, the deeds have to be registered at the registrar's office after paying the applicable stamp duty (from 5% to 12.5% in different states).Aug 8, 2011

Can I force the sale of a jointly owned property?

If you are living in the jointly owned family home, unless you agree to voluntarily sell the home your spouse or partner can apply to the Court for an order for sale of the property. The Court will normally only make an Order for sale at a final hearing.

What happens if a co-owner wants to give up his ownership rights?

A co-owner in a property who is willing to give up his or her rights over the property can resort to the relinquishment deed which allows for a smooth transfer. Often, legal heirs who are giving up their stake in a property are asked to sign this deed for clarity. For example, take Mahima Sinha's case.Dec 2, 2020

Can a co-owner make a transfer without the consent of other co owners?

The co-owner can sell or transfer his portion only when he has exclusive rights to that portion of the property. If the exclusive rights are not entitled to each co-owner, such transfer of rights cannot take place without the consent of other joint co-owners.Dec 18, 2011

Can a joint property be sold off without taking the consent of other owner?

If the property is jointly owned by any person then consent of both the person is needed, no person can sale the flat without the consent of the other owner.

How do you prove joint property?

Copy Of Judgments/ Orders With Every Reports. Weekly Round Ups Of Supreme Court High Court Judgments/Orders. Monthly Digests Of Supreme Court And High Courts. Yearly Digests Of Supreme Court And High Courts.Apr 4, 2020

How do you split a joint property?

A partition is a division of a property held jointly by several persons, so that each person gets a share and becomes the owner of the share allotted to him. It is done by dividing the property according to the shares to which each of the parties is entitled to in law as applicable to them.Jan 27, 2013

What happens if one person wants to sell a house and the other doesn t?

When your co-owner(s) refuses to sell a house as is, the best solution is to either buy their share, or request that they buy yours.

Can a court make you sell your house?

"I want to sell my house fast!" - Get a cash offer for your house today! The only way you can force the sale of your house is by getting a court order, known as an 'Order for Sale'. This asks your ex to provide suitable evidence for why they refuse to sell.May 10, 2019

Can my partner make me sell our house?

If both your name and your spouse's name are on the homeownership papers, your partner does not have any legal right to force you to sell the family house. However, if your spouse can prove that their money is tied up in property and they need to sell it to open a flow of cash to live, this could change.Mar 28, 2019

What happens when a co-owner is unable to resolve a property dispute?

If the co-owners are unable to resolve their property disputes with one another, they may petition a court to terminate their rights and obligations regarding the subject property. When the parties are co-owners, this determination is made by way of a partition action.

How is property divided?

There are essentially two different methods of division. The first method is by physically dividing the property between the co-owners. The other, more common method is a partition via court-ordered sale. The sale typically occurs via private or public auction, and then the court splits the proceeds of the sale between the former co-owners. ...

What is tenancy in common?

Under a tenancy in common, each of the co-owners have an equal right to possess the property. In addition, they have equal rights and responsibilities regarding the property. In the event that one of the co-owners excludes another co-owner from the property, the excluded co-owner may recover the property’s rental value from the excluding co-owner.

Who can be involved in a property dispute?

Property disputes can involve just about anyone who has an interest in the real estate in question. For example, most property disputes involve the owner of the property in some way, but they can also involve: Neighbors; Landlords and Tenants; Homeowner Associations (HOAs);

How to resolve boundary disputes?

Often, boundary disputes can be resolved at least in part by having a proper survey conducted on the property (especially if you’re planning on putting in a fence). Other property disputes may become more complicated, especially when you start running into issues questioning ownership.

What is a property dispute?

A property dispute is a legal dispute that involves real estate. While it may sound relatively simple, the term “property dispute” covers a wide range of possible disputes over a wide range of property. The property involved could be anything from a vacant lot to a home, deck, condominium, manufactured home, pond, driveway, ...

How to resolve a dispute with a neighbor?

Sometimes, a dispute can be resolved by just talking to your neighbor and maintaining a good relationship with them. Politeness and respect can go a long way in resolving minor disputes. If it gets to the point where you feel a demand letter is necessary, you can certainly discuss that option with an attorney.

What is eminent domain?

Often, property disputes that involve cities or municipalities can involve issues of eminent domain, where the government has the right to take and use property for public purposes.

What are the responsibilities of a HOA?

Homeowner Association Responsibilities: Which may bring up questions of whether the HOA is responsible for maintenance and upkeep of some elements of the neighborhood. Utility Easements: Sometimes homeowners may not realize whether or where utility easements are located on their property.

What is a cease and desist order?

An injunction, sometimes referred to as a “cease and desist” order, is a judicial order that requires a person to do or stop doing a specific action. In some cases, the court may use a judicial sale of the property to remedy the situation.

What can a corporate lawyer do for you?

A corporate lawyer will be able to help you with issues related to the formation of your corporation, general corporate governance issues and corporate compliance issues.

What is an IP lawyer?

Also known as an IP attorney, an intellectual property lawyer can advise you with regard to issues relating to intellectual property, such as copyrights, trademarks, patents, industrial design and trade secrets.

What is an estate planning lawyer?

The estate planning lawyer specializes in wills and trusts, and can help you to draw up a will to pass on your assets. Among other estate planning legal services, this type of lawyer can help you set up a trust which will help take care of your children’s financial needs.

What is an employment lawyer?

Employment Lawyer. Whether you’re a company that’s having a problem with an employee, or an individual who’s having problems with the company you work for, an employment lawyer can generally provide advice about legal issues which arise from an employment contract or within an employment relationship.

What is a worker's compensation lawyer?

If you’ve been injured while on the job, or have had to face the death of a loved one as a result of a workplace accident or occupational disease, a lawyer who specializes in workers compensation law can help you navigate the issues you face, such as the extent of the employer’s fault and the amount of benefits to which you are entitled.

What is general practice law?

Unlike lawyers who specialize in a particular area of law, a general practice lawyer has a practice that handles a wide range of legal issues. Different general practice attorneys will have different areas of law with which they are most comfortable, so if you consult with a general practice lawyer, it’s always prudent to discuss his or her experience in handling the type of legal issue you’re facing.

What is a disability attorney?

The Social Security Disability system can be a particularly complex system in which to navigate. An attorney who specializes in Social Security Disability issues can help you with any step in the Social Security Disability process, including assisting you with eligibility issues, launching an appeal of a decision to deny you benefits and dealing with the reduction or termination of your benefits.

Who can consult with constitutional lawyers?

People with advocacies can consult constitutional lawyers if they think their rights have been violated. For instance, non-profit organizations like the American Civil Liberties Union (ACLU) and the National Association for the Advancement of Colored People (NAACP) employ constitutional lawyers to protect minorities involved in a legal process.

What do lawyers do?

Different types of lawyers specialize in different areas of law. Some lawyers mostly do the work outside of the courtroom, such as drafting contracts and wills, preparing documents to comply with a process, negotiating deals, and advising clients on a legal problem. There are also lawyers who present cases in court or litigations ...

Why do we need malpractice lawyers?

Since these are professions that ascribe to a set of standards , they have greater professional responsibilities that may be challenged in the courtroom or in litigation.

What is IP law?

1. Intellectual Property (IP) Lawyers. Any original creative, scientific, or technical invention which may benefit the public has to be protected ...

What is an intellectual property lawyer?

Any original creative, scientific, or technical invention which may benefit the public has to be protected from copycats and duplicates. If you've created an art design, a unique product, a novel, a song or a computer program, you can consult with an intellectual property lawyer for securing copyright, patents, trademarks, and licensing agreements.

What is a family lawyer?

Family Lawyers. These are lawyers who handle all kinds of domestic cases, such as divorce, legal separation, child custody, adoption, paternity, alimony, prenuptial or postnuptial agreements, and emancipation. But family attorneys may also handle reproductive rights cases, and their work may intersect with other areas of the law.

What is a personal injury lawyer?

This lawyer is an expert in tort law, which deals with civil legal liabilities and damages.

What happens if you file a lawsuit on your own?

If you chose to file a lawsuit on your own, you must weight the benefits with the costs. The benefits may be a quiet neighbor, and even some extra cash. On the other hand, the cost of having an angry neighbor. And the costs of filing a lawsuit you may not win, may make the effort more trouble than it’s worth.

What is neighbor law?

Neighbor law covers the many disputes that may occur between two individuals that live side by side. Of course, there are many sorts of disputes that can, and do, arise.

How to deal with loud neighbors?

Other courses of action to deal with loud neighbors include: 1 Issuing a Stern Warning, 2 Hiring a Mediator, 3 Calling the Police, 4 Involving the HOA, 5 Filing a Lawsuit.

What is encroachment in real estate?

Encroachments can include: a fence built on your property, a shed which partially enters your property, or a garden bed which is partly on your land.

Why do neighbors have fences?

One of the most common neighbor disputes is perhaps property boundary issues. After all, fences exist not only for privacy, but also for the purpose of keeping others (mostly neighbors) out.

What does a real estate attorney do?

A real estate attorney prepares or reviews all of the documents that are signed at the closing of a real estate purchase. The attorney is then present at the closing to represent the buyer's (or the seller's) interests. Real estate law is a matter for state and local jurisdictions.

What is real estate law?

Real estate law encompasses the purchase and sale of real property, meaning land and any structures on it. It also covers legal issues related to anything attached to the property or structures, such as appliances and fixtures.

What is the biggest investment you have ever made?

Buying a home is probably the biggest investment you'll ever make. In addition to hiring a real estate agent to help negotiate the transaction, you might consider a real estate lawyer to guide you through the legal process. Real estate attorneys specialize in matters related to property, from transactions to handling disputes between parties.

How long does it take to become a real estate lawyer?

Qualifications. Like any lawyer, a real estate lawyer has earned a law degree, which typically takes three years of study for a full-time student. They have also passed the state bar exam administered by the state in which they practice. Training for real estate law may begin with elective courses and internships during law school, ...

Do you need a real estate attorney at closing?

Many states require a real estate attorney be present at closing. Even if your state does not require one, you might want a real estate attorney to be there for you. A real estate attorney will represent your interests at closing. They will review all paperwork in advance and advise on any problems or omissions with the documentation. 1.

Who is the rightful owner of a property?

The grantor is the rightful owner of the property and can legally transfer its title; There are no liens, debts, or encumbrances on the property (neither prior to nor during their ownership period); and. If a legal issue does come up, then the grantor will be responsible for fixing it.

How does a deed work?

The way this deed works is that the current owner will sign over a deed to the new owner while they are still alive. Once the current owner dies, however, the deed will automatically transfer ownership to the new one. In other states, a person may create a will in order to transfer property upon their death. In this case, when the family member ...

What is a deed?

A deed is a type of legal document that is used to transfer ownership rights in a home or other piece of property from the current owner to a new one. Although there are many different types of deeds, each of which has its own requirements, the majority of deeds generally include the following elements: 1 A description identifying the property being transferred; 2 The names of the parties who are taking part in the deed transaction (i.e., the grantor and the grantee); and 3 The signature of the party who is transferring the deed (note that the signature must be notarized by a notary public).

What are the elements of a deed?

Although there are many different types of deeds, each of which has its own requirements, the majority of deeds generally include the following elements: A description identifying the property being transferred; The names of the parties who are taking part in the deed transaction (i.e., the grantor and the grantee); and.

How much does it cost to file a deed?

It should be noted that there may be a small fee to file the deed. The fee amount will vary by jurisdiction, but usually starts at around $10.

What is a general warranty deed?

General warranty deeds: In contrast to quitclaim deeds, general warranty deeds give the buyer the greatest amount of protection. It guarantees that the grantor actually owns and can sell the property. It also promises that the property does not have any debts, encumbrances, or liens against it.

What type of deed is used in real estate?

What Type of Deed Is Most Commonly Used? The most common type of deed that is used in real estate transactions is the general warranty deed. This deed offers the greatest protections for a buyer through its terms. Specifically, the terms of a general warranty deed usually contain six covenants (or promises).

Who Can Be Involved in A Property Dispute?

  • Property disputes can involve just about anyone who has an interest in the real estate in question. For example, most property disputes involve the owner of the property in some way, but they can also involve: 1. Neighbors; 2. Landlords and Tenants; 3. Homeowner Associations (HOAs); 4. Trespassers; 5. Family Members; 6. Builders and Developers; 7. ...
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What Are Some Common Types of Property Disputes?

  • As we said before, property disputes can range from the small to large, and can vary in their severity. Some common property disputes can include: 1. Boundary Disputes:Which can involve disagreements among neighbors regarding the location of a property line. 2. Landlord-Tenant Disputes:Which can sometimes involve a dispute over who is responsible for damage or repairs …
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What Is A “Cloud” on Title?

  • Generally speaking, a “cloud” on titlerefers to any irregularity or outstanding claim in the chain of title to the property. Usually this means that there is an unresolved claim, a lien, or some other encumbrance on the property that would prevent transfer of ownership from one party to another. Clouds on title are usually found during a title search on the property. For example, a legitimate …
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What Remedies Are Available For Property Disputes?

  • Remedies for property disputes often depend on the nature of the dispute and the state where the property is located. Potential remedies include injunctions, judicial sales, monetary damages, and quiet title actions. If you are seeking to stop your neighbor from doing something with their property (like burning trash or building a “spite fence”), you may seek an injunction from the cour…
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Do I Need An Attorney If I Have A Property Dispute?

  • It depends on the nature of the property dispute. Sometimes, a dispute can be resolved by just talking to your neighbor and maintaining a good relationship with them. Politeness and respect can go a long way in resolving minor disputes. If it gets to the point where you feel a demand letter is necessary, you can certainly discuss that option with an attorney. However, there are so…
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