Welcome to Forster Real Estate Law

If you are having a dispute with a neighbor, a condominium association, or a real estate developer, you can turn to Forster Real Estate Law to discuss your options and preserve your home and way of life. In a caring and compassionate environment, you will receive thoughtful and strategic legal advice at an affordable rate.

Your questions and concerns are important.  Attorney Michael C. Forster will personally handle your case and will be available to:

• Clearly explain the legal process
• Keep you informed
• Answer your questions 
• Help you negotiate with difficult adversaries
• Seek compensation for disruptions, contract breaches, and other issues with your property

Demand Letters

What should you do if you have a dispute with someone, but are not ready to file an action in court?

Sometimes a strongly-worded, professional demand letter can get results while avoiding filing a lawsuit. 

What should be in a demand letter?

A good demand clearly and professionally states the facts of your case and explains your claim against the person, persons, or corporation. Such a claim could be for breach of contract, trespass on property, noise violations, or unpaid debts, to name just a few. Your letter does not have to be as formal as a petition filed at court, but it should be well-organized and supported by factual evidence and case law, if possible. 

What should the tone of the letter be?

It depends on your case. In my letters, I strive for a tone that is forceful and assertive without resorting to personal attacks, empty threats, or is unprofessional in any way. I always keep in mind that, ideally, I will be able to work with this person on a solution. Do not burn any bridges so that a compromise is impossible to achieve. Allowing for the possibility of a settlement is important because you might not get everything you ask for in court, and you usually will have to pay legal fees to do so. 

Should I hire a lawyer to write the letter?

It depends on your case. Do you understand how strong your claim is? Are you confident that you would get relief if you brought your claim to court? Does your opponent have a legal defense to your claim, such as Statute of Limitations, Statute of Frauds, or contributory negligence? A lawyer may be better at analyzing your case, deciding the facts and arguments to include, and omitting those that muddle your message or are harmful. A lawyer is also not as emotionally invested in the case as you. That detachment can be an asset as strong emotions and history with the other person can cloud your judgment and make laying out your argument difficult. 

Also, often a letter from a lawyer will be taken more seriously than one you write yourself. If the letter states something like "if you do not do [blank], I may be forced to pursue legal action" packs more punch coming from a lawyer. 

What could go wrong?

Your letter might be ignored by the person receiving it. Your letter could be admitted into evidence and if you admitted something damaging, it could harm your case. You also risk angering the other person to the point that they retaliate against you in some way. And finally, if you make any libelous or slanderous claims and send them to a third party, you may be counter-sued. The risks and rewards of the letter should be weighed to decide if sending the letter is a good idea. 

This post is not intended to be legal advice. Consult a lawyer if you have questions about your case. 

Partition Suits

The laws of D.C. and Virginia allow multiple people to own a share of a home. But what if one owner wants to sell the home and the other owner doesn't? What if one person paid more for the property, and the other person still wants half of the purchase price? What if you buy a home with a partner and then split up? Do you have to live with your ex like Jennifer Aniston and Vince Vaughn in the Break-Up?

First, some general rules. Most importantly, an owner always has the right to ask the court to "partition" the home. Much like King Solomon, the court will not actually divide a home in half. Instead, a judge will direct the owners to try mediation in order to seek an agreement for one of the parties to buy-out the co-owner(s).

The court will then order a sale if there is equity in the home and the parties cannot agree during mediation. Courts will not order a partition sale for homes that are "underwater." The parties will then choose a real estate agent to list the home or the court will choose one if they cannot agree. Once the house is sold, co-owners will split any remaining profit after closing costs and the mortgage have been paid.

So far, the process is similar for all three types of communal ownership. But at this point, the process differs depending on how the property is titled. Here are three scenarios:

Tenancy by the Entirety

Two spouses may own the home as a "tenancy by the entirety." They may only seek partition of their home due to divorce. The judge will analyze a number of factors to equitably split up the property. The judge may allocate more of the profits to one spouse over the other depending on the circumstances.

Joint Ownership With a Right of Survivorship

Each owner has an equal share if the property is a joint tenancy with rights of survivorship. Regardless of how much each party paid towards the purchase price, if the property is sold, they will each receive an equal share of the profits. But one side may have to account to the other for the amount spent on utilities, taxes and upkeep. The request of a partition sale automatically converts a joint ownership with right of survivorship into a tenancy in common.

Tenancy in Common

Tenants in common have the same rights as joint tenants to request a sale. The main difference is that they may own unequal interests in the property and therefore may earn a different percentage of the profits.

And finally, someone who has a life estate in a property - meaning the right to live in a home for the rest of one's life - may not seek partition in Virginia.

If you are having a property dispute with a co-owner, contact an attorney to advise you of your options.

How Should I Title Property I Own With Another Person?

Sometimes it makes sense for more than one person to own a property. Spouses or other romantic partners might want to share in home ownership. Or maybe someone who already owns a home may want to add their child or other family member to the deed. This post will briefly discuss the three options for joint land ownership in Washington, D.C., Virginia and Michigan.

Tenancy in Common

Here, more than one owner can own an undivided share in the property separate from the other owner. You can pass your interest in your will, and the shares can be any percentage you like (50-50, 80-20, etc).

Joint Tenancy

A joint tenancy is like a tenancy in common, with the major difference that it features a right of survivorship. What that means is that if two people own a home, and one of the owners passes away, the other owner automatically receives the other's share and then owns the entire home. Creating a joint tenancy requires all tenants to take the property at the same time, in the same instrument, with the same rights as one another. If one joint owner transfers his interest to an outside party, the joint tenancy is destroyed and it becomes a tenancy in common. Joint owners may ask the court to order the sale of the property at any time, even if the other side does not want to sell.

Tenancy by the Entireties

This ownership option is for a husband and wife only (or same-sex partners in D.C.). It is basically a joint tenancy for when the only two owners are married to one another. A tenant by the entireties cannot transfer his or her interest while married. The only way to destroy it is if one person dies, or there is a divorce.

This was only a summary of all the options. Please consult with an attorney to determine which option is right for you and your family.

Newsletter Archive

Forster Law Firm provides a free newsletter featuring articles, tips, and trends. You can subscribe on the front page or browse the archives here:

February 2015 - The All About IKEA Edition

January 2015 - Reasonably Priced $195 Million Edition

May 2014 - It's a Bird, It's a Plane. It's a Real Estate Agent? Edition

March 2014 - Tax Day Cometh

February 2014 - We've Moved to Vermont...Avenue Edition

November 2013 - The Sunny Side of the Street Edition

September 2013 - The North Side is the Rich Side Edition

July 2013 - The "What Happened to My Road?!" Edition

June 2013 - My House is (Literally) My Castle Edition

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