Joseph & Joseph - Columbus Ohio Attorneys 931 South Front Street Columbus Ohio 43206 Phone: 614.449.8282 Fax: 614.449.8287
Joseph & Joseph Columbus Ohio Attorneys Home
Columbus Ohio Attorneys Firm Overview
Columbus Ohio Attorney Profiles
Columbus Ohio Real Estate
Columbus Ohio Family Law
Articles
Contact Us
Visit Our Blog


« Non-Resident Alien Land Registration | Main | Federal Law Preempts Due On Sale Clause »

John Joseph Best Lawyers 2008

Congratulations to our John Joseph for being selected by his peers for inclusion in The Best Lawyers in America for 2008. For over a decade, he has been listed in this prestigious publication, a distinction awarded to only a distinguished group of attorneys.

« Buying Real Estate: Need a Lawyer? Need a Realtor? | Main | John Joseph Best Lawyers 2008 »

Non-Resident Alien Land Registration

The Nonresident Alien Land Registration Act requires a non-resident alien who acquires certain real property or mineral or mining rights to register with the Ohio Secretary of State's office. A non-alien resident is an individual who is not a citizen of the United States and does not live in the United States. Anyone who violates the provisions of the Non-resident Alien Land Registration Act may be fined not less than $5,000, but not more than an amount equal to 25 percent of the market value of the real property or mineral or mining rights.

« The Prenuptial | Main | Non-Resident Alien Land Registration »

Buying Real Estate: Need a Lawyer? Need a Realtor?

Attorneys and realtors have very different roles in the real estate transaction. I have found that the more experienced lawyers and realtors appreciate and recommend the hiring of the other in their real estate transactions. The realtor knows the market and seeks the highest price for their seller, and the best property at the lowest price for their buyer. They act as the financial advisor to their client and help them make the best business decisions. The knowledgeable realtors know that they should not be giving legal advice, and always recommend the hiring of a good real estate attorney, not only for the benefit of their clients, but also to eliminate their own exposure in the transaction.

 

The real estate transaction is usually the largest transaction of a person’s life time. It is fraught with legal traps and difficulties. From drafting effective provisions in the contract to analyzing title and obtaining the appropriate title insurance for the client, the real estate attorney helps the client through the maze. As one who is often hired after the fact in order to correct a problem that has occurred during the transaction, I can tell you that it is easier and much more cost efficient to hire the attorney at the beginning of the transaction, than after things go wrong.

 

 

 

 

« Assets Subject to Division in Divorce | Main | Buying Real Estate: Need a Lawyer? Need a Realtor? »

The Prenuptial

Thinking of getting married?  Remember, that down the road (while this is not terribly romantic to think about) should the relationship not work out, a court will divide all assets created during the marriage and, most likely, ALL APPRECIATION on the assets you brought into the marriage.  You can protect these assets through a prenuptial agreement, which agreement must be signed prior to the marriage, and far enough away from the marriage date to prevent the future argument of duress and/or coercion. 

 

« Medical Insurance during a Divorce | Main | The Prenuptial »

Assets Subject to Division in Divorce

In a divorce case, all assets that were created during the marriage are marital and subject to division.  This includes, but is not limited to: pensions, IRA’s, the value of a closely held company, and stock options that have not yet been exercised. 

 

« Residential Rental Property Registration with Auditor | Main | Assets Subject to Division in Divorce »

Medical Insurance during a Divorce

During a divorce process, health insurance will be ordered to remain in effect until the final hearing.  For employer provided health insurance, the divorce is typically a qualifying event to cause termination of the non-employee spouse’s health insurance (the minor children should remain covered).  The non-employee spouse may be able to have his or her health insurance remain in effect for up to 36 months, provided this non-employee spouse pays the monthly cost (which cost is typically considerably higher than it previously was).  Prior to a final hearing in the divorce, the non-employee spouse should compare insurance prices to determine the costs of other policies.  The cost of such policy may be considered in an award of spousal support.

 

« Welcome | Main | Medical Insurance during a Divorce »

Residential Rental Property Registration with Auditor

Ohio law requires an owner of residential rental property to file with the county auditor of the county in which the property is located.  The following is the information required to be filed: 

  • The name, address and phone number of the owner or contact agent
  • The street address and parcel number of the residential rental property
  •  Any owner of residential rental property who resides outside of the state shall designate an individual who resides in the state to serve as the owner’s agent
  •  Any owner who designates an agent shall file in writing the name, address and telephone number of the agent
  •  An owner shall update the information, within sixty days after they are notified by receiving a tax bill, a property transfer or any change in the                            information occurs

 

If the residential rental property is owned by a business entity, one of the following must make the filing: A trustee, in the case of a trust or business trust;The executor or administrator, in the case of an estate; A general partner, in the case of a partnership or a limited partnership; A member, manager or officer, in the case of a limited liability company; An associate, in the case of an association; An officer, in the case of a corporation; A member, manager or officer in the case of any other business entity.

Failure to comply with the initial filing or updating of the information is considered a violation of the law and each property is then subject to a penalty ranging from $50 to $150 per parcel per notice.

 

Main | Residential Rental Property Registration with Auditor »

Welcome

Welcome to our New Blog Site. We hope to post blogs of interest from Real Estate, Family Law to Various other Legal Matters. We welcome your comments and welcome your suggestions of topics.



Columbus Attorneys
Contact the law firm of Joseph & Joseph

Joseph & Joseph provides this site as a general information service to our clients and friends. The information contained on this site does not constitute legal advice and is presented without any representation or warranty whatsoever, including as to accuracy or completeness. Transmittal of information from this site or any use of electronic mail is not intended to create or establish an attorney-client relationship between Joseph & Joseph and anyone else. Readers should not act on this information without seeking legal counsel. Do not send us information until you speak with one of our attorneys and receive authorization to send it to us. If any communication from this site is not in conformity with the rules and regulations of any state governing lawyer conduct, Joseph & Joseph will not accept representation which is based on such communication. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide,
ask us to send you free written information, about our qualifications and experience.

Address: 931 South Front Street   Columbus Ohio 43206   Phone: 614-449-8282   Fax: 614-449-8287

Designed by Scorpion Design