Legal Question in Real Estate Law in Virginia
Deed vs POA
Even with a POA specific to the home, Ohio will not allow someone (Myself or my husbands father) to go to court for eviction. We can get a lawyer, but can't afford one with paying the mortgage (because the renter is not paying rent) and our rent here in Va along with our other household bills. We can't afford to continue to make both the mortgage payment and our rent until my husband is back from deployment and I am try to avoid foreclosure on the home in Ohio. I have full POA over anything and everything of my husbands via the military POA and it is not doing me any good with an eviction proceeding. The only other option I have is to get my name on the Deed to my husbands home so that I can go to Ohio and do the eviction myself, as soon as possible. I called and talked to legal aid there in Ohio but was informed that they only assist tenants, not homeowners, even when the renter is not paying rent. So I am not sure what to do other than getting my name on the deed. And I still don't know what deed would be the best to add my name to the current one...
1 Answer from Attorneys
Re: Deed vs POA
The legal advice you claim that you've been getting from Ohio does not sound accurate as POA's are often used in many jurisdictions not only to evict tenants in behalf of landlords, but for even more serious matters such as selling property and conveying title to the new owners.
If you carefully add up your projected expenses involved in traveling to Ohio from Virginia to prosecute this matter on your own, you will likely find that the costs could total as much or more than hiring a local Ohio attorney to handle the matter.
In terms of the type of deed needed to add your name to the title of your husband's property, it would most likely be a deed of gift appropriate for use in the state of Ohio and properly executed by him.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
