We are looking to purchase a new primary residence and would like to sell our current home to our son. Does either of us need a Realtor for this transaction? Also, can one lawyer manage this, or do we need separate representation? — No Name

Answer: As you already know who the next owner of your present home will be, you'd have no use for a real estate broker. You can certainly use just one lawyer for that transfer. If much money or a new mortgage is involved, though, it might be preferable for you and your son to retain separate attorneys.

You may well end up with a broker to look for your replacement home. And you'll probably use a lawyer for that closing, too.

Husband Sole Owner

Edith: I bought my house before I was married. Only my name is on the deed/title. If I were to pass away, would my wife be able to sell the house? How can I add her name now and not worry about any future problems? — J. J. D.

Answer: It's a simple matter.

As the current owner, you sign a new deed (with your signature notarized) naming the two of you as the owners. The deed is then entered in your county public records office, and that's that. You could do it yourselves, but more likely you'll hire a lawyer to handle the paperwork for you.

Public Records Office

Ms. Lank: How can an individual find out whether someone has put a lien on a house? Do you have to get a lawyer to do this for you, or can you do this yourself? — X.

Answer: Again, the public records office is the answer. Any member of the public is entitled to inspect the liens that are listed with an address. You don't say where the house is located, but the records office is usually a county facility. That would be the place to inquire.

Ex in the House

Edith: My friend has been divorced for 15 years. Per the divorce settlement, his ex-wife was allowed to stay in the home for three years after, but he has allowed her to stay longer, saying she is "paying down the mortgage." She never bought out his equity, and his name is still on the deed. His portion of the equity is $30-40,000.

If his ex-wife continues to live there, shouldn't she be paying him interest on the use of his money? Also, if she stops paying for the house, is he liable, and could he lose his portion if it goes into foreclosure? — X.

Answer: If the ex were to stop paying on that mortgage, then yes, the lender could foreclose. Your friend could head that off and protect his investment by making the payments himself and/or selling the property.

Meanwhile, I suspect we should both stay out of it.

Neighbor Problem

Edith: We moved to a new state and bought a property with a second building on it. Both buildings are on the same parcel and cannot be broken up, local law says, because the front distance is under 200 feet. The paperwork in the town office says we are zoned multidwelling residential.

This second building is actually a two-story family home that I intend to rent out. All neighbors are for it except a couple. These same neighbors caused the previous owner of my house much aggravation for 40 years. Because of who these people are in the town, they may also cause me grief even though the town says I have a right to rent out.

I was thinking ... is there a way to join the properties as one, like with a fence touching each home or a breezeway of some kind? Then it may be looked upon as an in-law apartment rather than a separate home. Do I need to take drastic measures like this, or do I just proceed and see what they do?

They are well-connected in the town and seem to continuously harass whomever is their neighbor. I wonder if there is a law where I could place a harassment notice against them with the town. This way, if they were to go downtown to complain, they would be told to leave me alone. — X. X.

Answer: This would be a good time to find an attorney in your new location. Or better yet, perhaps, take those questions to a lawyer in a neighboring town.

Contact Edith Lank at www.askedith.com, at [email protected] or at 240 Hemingway Drive, Rochester NY 14620.

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