William A Markham's Answers

William A Markham
San Diego Real Estate Attorney.
Contributor Level 7

2

Attorney answers:

  1. Frances Miller Campbell
  2. William A Markham

Can my landlord stop my 2 grandkids from moving into my apartment even though the cps worker said there is enough room

Asked by a user in San Diego, CA - almost 2 years ago.

The answer to your question depends on the terms of your lease, but the inquiry does not end there. If your lease allows, say, only certain named tenants, then you cannot as of right invite others to live in the premises as additional tenants whose arrival you can unilaterally confirm. Thus if the lease allows, say, only you and your partner to reside at the premises, you cannot unilaterally announce that your granchildren will move in and become additional co-tenants. Your landlord can...

3

Attorney answers:

  1. Margery Ellen Golant
  2. William A Markham

Who owns the duplex after mortgage holder dies.

Asked by a user in Jacksonville, FL - over 1 year ago.

No. If the seller of the property (whom you have called the "owner") passes away and you remain in arrears under the note that you gave to the seller to purchase the property from him, the administrator or trustee of his estate will have a fiduciary obligation to bring your debt current or foreclose on the property. Your note and the deed of trust or mortgage that secure it will be placed in the seller's estate if he passes away, and the administrator or trustee of his estate will proceed...

1 lawyer agreed with this answer

2

Attorney answers:

  1. Stephen F Wallace
  2. William A Markham

Can I be kicked out of a business that I have been an equal partner for 8 years.

Asked by a user in Ocean Isle Beach, NC - almost 2 years ago.

You can argue that you had a partnership that lacked a written partnership agreement and that was instead governed by an oral understanding that you and your boyfriend would contribute equally to the partnership, share or re-invest profits, and make reasonable arrangements to divide the assets of the partnership in the event that one of you decided to leave or in the event that you developed an irreconcilable conflict that made it impossible for you to continue to operate the business together....