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The Legal Aspects Of Real Estate And How They Pertain To Your Property

Our Missouri-based law firm facilitates a wide range of residential and commercial real estate transactions. Our goal is always to protect clients’ interests while helping them complete their goals.

Chances are, if you have built, purchased or sold a home, signed an agreement with a homeowners association (HOA), paid taxes, or leased property, you have been involved in some type of real estate law transaction. Our real estate and property law practice covers issues including the following:

  • Residential and commercial real estate contracts, transactions and disputes
  • Condominiums, condominium conversions and HOAs
  • Leasing and landlord-tenant disputes
  • Zoning, property use, property tax and other issues involving local government bodies
  • Financing, acquisition and development; redevelopment incentives
  • Eminent domain and condemnation law
  • Litigation and alternative dispute resolution
  • Residential nondisclosure litigation

We provide experienced services pertaining to all of these and countless other real estate topics. What follows is a discussion of examples of real estate problems that we regularly help clients solve.

Married Couples’ Property Titles

In Missouri, when spouses purchase titled property or open a joint account, the law presumes tenancy by the entireties. The creditors of only one member of the married couple cannot seize the asset to collect on debts.

A married couple may opt-out of tenancy by the entireties by designating joint tenancy or JTWROS (joint tenancy with the right of survivorship). The creditor of one can, in that case, sell the asset and pay the other spouse one-half. People in the real estate industry know this, so most deeds say husband and wife and thus fall into the default and safer tenancy by the entireties.

By denoting joint tenancy, banks, investment institutions and car titles often inadvertently elect out of the safer way (and assumed by law) for spouses to own property. Getting legal advice for your unique circumstances can protect you from costly surprises down the road.

Recent Cases Demonstrating The Importance Of Legal Advice For Anyone

Two of our recent cases involve single mothers who each purchased homes without an attorney.

In one case, the property line ran through the house.

In the other case, a “house flipper” cosmetically covered up structural defects that required piers to be inserted under the foundation to support the home.

We could have done more for these clients if they had consulted with us before they bought their home and encountered these troubles. However, despite the difficulties, we had the skills necessary to help them move on from these disastrous situations.

Turn To An Experienced Real Estate Attorney To Prevent Or Resolve Troubles

Reach out to us via email or by phone at 816-340-6738 before you buy or sell your home or make a purchase offer on a commercial property. Ask questions about these or other real estate-related matters in Missouri or Kansas.

Our attorneys at The Quitmeier Law Firm can make your sale or purchase smoother and help you avoid expensive and stressful litigation after the sale.