Stephen J Nash’s Answers

Stephen J Nash

Minneapolis Business Attorney.

Contributor Level 8
  1. Home renovation contract

    Answered about 4 years ago.

    1. Stephen J Nash
    2. Patrick Joseph Casey
    2 lawyer answers

    Most remodelers in Minnesota are required to be licensed. You can check the Department of Labor website to see if they are licensed (their license number should be on the contract), if complaints have been made in the past and how you can file a complaint.

    Selected as best answer

  2. In MN if one party wishes to buy out the other what is the formula for the payout?

    Answered about 4 years ago.

    1. Shawn Melissa Vogt Sween
    2. Stephen J Nash
    2 lawyer answers

    The answer to your question is not as easy as it seems. Is this a residential property or a commercial property? Did both parties contribute equally to the purchase and maintenance of the property? And, most importantly, was an agreement entered into before the property was purchased regarding the purchase and ownership of the property? A clear written agreement would generally control. When purchasing real estate with another person you should always have a clear, detailed written...

    1 lawyer agreed with this answer

  3. How is property divided between an unmarried couple (we have 1 child) from Minnesota that have been together for 10 years

    Answered almost 5 years ago.

    1. Stephen J Nash
    1 lawyer answer

    In Minnesota you do not acquire rights simply because you lived together (even if for a long period of time). The courts treat these situations as if they are business partnership disputes. They first go back to what was the original agreement and attempt to enforce that agreement. Unfortunately, there often was no agreement. Couples don't create a relationship and treat it like a business so they often do not talk about who owns what, what everyone is supposed to pay and what happens to...

    1 lawyer agreed with this answer

  4. Judgement and a notice of dismissal

    Answered almost 5 years ago.

    1. Stephen J Nash
    1 lawyer answer

    The general rule is that if there is a Notice of Dismissal without Prejudice, the plaintiff can still sue you. If the Dismissal is with Prejudice the plaintiff gives up their right to sue. In most cases, a plaintiff does not dismiss a case if they really wanted to later bring the same lawsuit. Unfortunately, the possibility still exists that they bring another lawsuit against you in the future.

    1 person marked this answer as helpful

  5. Can rent out my home if I know it will go into foreclosure?

    Answered almost 5 years ago.

    1. Stephen J Nash
    2. Errin Preston Stowell
    2 lawyer answers

    Until the lender forecloses and the period of redemption ends (normally 6 months after the Sheriff's Sale) you have all rights of ownership of the property. You should check with the city to make sure that you follow their requirements with respect to renting. Many cities are restricting the rights of homeowners to rent their property and/or are imposing certain requirements on the owner who rents their home.

    1 person marked this answer as helpful

  6. We have an easement thru our neighbors property as our only access to the garage. Who is responsible for maintaining it?

    Answered almost 5 years ago.

    1. Stephen J Nash
    1 lawyer answer

    A good easement should address who can maintain the easement, who pays for the maintenance and what level it can be maintained to. In many cases, the easement does not address these issues which can create a dispute that ultimately would be resolved in court. Without seeing the easement or knowing the intentions of the creator of the easement the party who who benefits from the easement generally will be allowed to maintain the easement at their own cost. If your neighbor refuses to allow...

    1 person marked this answer as helpful

  7. Sister-In-Laws contract-for-deed nightmare

    Answered almost 5 years ago.

    1. Stephen J Nash
    1 lawyer answer

    The contract for deed signed by the parties will control but generally a seller on a contract for deed can cancel a contract for deed if the buyer is in default by serving a Notice of Cancellation on the buyer. The buyer then has 60 days to cure the default, go to court to stop the cancellation or the contract will be cancelled. Cancelling a contract is a precise process that is controlled by Minnesota statutes. If not done properly, the cancellation may be voided. If the buyer cures the...

  8. Bank billboard/sign on my property for 5 years despite repeated request to remove. Can I be compensated?

    Answered almost 5 years ago.

    1. Stephen J Nash
    1 lawyer answer

    My suggestion is to first send a letter to the bank demanding that they remove their sign and compensate you for the time that they have wrongfully had the sign on your property. If they take the position that they have a legal right to have the sing on your property I would demand that they provide the documentation establishing such a right. If the bank refuses to cooperate, you ultimately can force the issue by bringing a lawsuit against them for the removal of the sign and damages....

  9. I bought a townehome with my partner 4or 5 years ago. My name is on the deed but not on the morgage.

    Answered almost 5 years ago.

    1. Stephen J Nash
    1 lawyer answer

    In Minnesota you can bring a lawsuit called a "Partition Action" to have the court determine what your interest is in the property and to divide the property up accordingly. In most cases, this will result in a sale of the property and a split of the proceeds. Of course, if there is no equity, there will be no proceeds to divide.

  10. If someone is not present on the lease, may they live on the property?

    Answered almost 5 years ago.

    1. Stephen J Nash
    1 lawyer answer

    Without seeing your lease it is impossible to provide a clear answer. That being said, generally the lease will have terms that state who can live or stay on the property. A person can always be added to the lease provided that the landlord agrees to adding that person.