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Winter Driving

Safety, Tips and the Law

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A little groundhog has told us to expect another six weeks of winter! Already a tough season, many of us experienced firsthand or saw news coverage of winter storms bringing cities and counties to a virtual standstill. Whether you live in a winter weather state or are just visiting, snow and other winter weather can drastically effect your ability to get around and keep to your plans. Learning some basic driving safety measures and coping tips can help alleviate some of the aggravation. Also, although varying by state, understanding winter related laws or ways laws are interpreted to include winter conditions is vital to enjoying a safe winter. Below is some safety information we hope you find useful and keeps you safe and warm this winter.

Winter Driving Safety & Tips

Winter Inspection: Prepare you car ahead of time for winter road conditions. Check the levels of antifreeze, oil and wiper fluid. Examine your windshield wipers for wear and replace them if necessary.

Got Wheels? Review your tire tread. If you get snow tires or studs, get your appointment scheduled before the tire stores are inundated. If you are in a state where you may use chains or cables, inspect these when you pull them out of storage. Take time to review how to put them on before the snow comes.

Journey Prep: Before driving out into a winter wonderland, make sure you are prepared. Clear you car of any snow and ice so you can see clearly - this includes any snow around your headlights and break lights. How much gas is in the tank? If you are getting low, plan your route to make this your first stop. Stop and consider your physical condition, are you awake and alert?

WEK: Don't be weak - have an Winter Emergency Kit! Some items to include in your kit are:

  • First Aid Kit T
  • Travel Tool Kit
  • Blanket(s)
  • Gloves, Hat, Scarf, Sweatshirt, etc.
  • Jumper Cables
  • Flashlight and Spare Batteries
  • Road Flares
  • Matches
  • Sand and/or Salt
  • Ice Scraper and Snow Brush
  • Small Shovel
  • Water
  • Energy Bars or Other High Calorie Foods (Nonperishable)
  • Cell Phone and Charger

Dress for Success: As we hop from one heated building to the next, we don't often consider how we are dressed for the winter weather. Adjust your wardrobe for unexpected winter weather. If you insist on traveling in the car in flip flops because the are comfy, make sure you pack thick socks and hiking boots in the back seat in case your car does break down. Dress in layers and have spare gloves, a hat, and a scarf in the car.

Know before you go! Check for road condition updates and possible closures. Before driving in winter weather make certain to check the local forecast. Some of the key weather words are:

S-L-O-W: Everything slows down: accelerate slower, brake slowly, turn slowly, and travel at slower speeds. Enter the time warp willingly and keep your patience and wits about you. Trying to rush through anything during poor winter weather is the number one reason people slide off roads or skid into other cars.

Personal Bubble: Allow those around you plenty of space. Do not crowd other cars and increase the car lengths between you and the next car.

It's Ice Ice Baby! If there is ice rain the best option is not to be on the road period. But there are other patches of ice and black ice that may pop up when you consider the roads drivable again. Keep in mind that ice forms quickest on bridges and overpasses. Also, as the temperatures begin to rise the thawing ice will be much slicker as it melts. If you see the ice ahead of time keep your speed slow. DO NOT hit the breaks! If you suddenly can't hear the road, often the case if you hit black ice, continue forward and take your foot off the accelerator. DO NOT hit the breaks!

Look Up! Many times the winter weather makes us concentrate on the road in front of us so much that we forget to look ahead. During this weather is exactly when you should be looking up and ahead; look farther then you may normally. This will give you more time to react to possible sliding cars or hazards in front of you.

Keep it on Main Street: Plan your routes on main roads. These will be traveled more and are the first to be cleared and sanded.

Share the Road: Give plows and sanders plenty of space. Three car lengths is the standard suggestion. Be patient, many will get over to let traffic pass. Always pass with extreme caution and never pass them on the right as that is where all the sludge is going!

Double Your Time: As a general rule, double your travel time for all your commutes and usual destinations.

Tell Your Peeps: Let others know of your travel plans - especially for long distances or during a weather event. Let either family or friends know where your are going and the route you expect to take.

No Cruising: As you shouldn't in heavy rain, do not use cruise control on winter roads. If you begin to slide you may not be able to get out of cruise control quickly. Also, depending on the slide/skid, tapping the break may be the last thing you should do!

Find Your Pack: Have a commute group for severe weather. You can alternate drivers as you battle the extra stress and fatigue of driving in bad weather. Encourage it in your community and this can help keep more cars off the road.

Think Outside Your Car: Consider other modes of transportation altogether. If available, consider the bus or train. Get really inventive - do you like to cross country ski? Just stay on the sidewalk!

Flex Time: Check to see if you employer will let you change your hours or work from home. Wait until the plows have had a chance to move through the neighborhood and go in late. Or plug in the computer and work in your PJs and fuzzy slippers.

The Great Melt: Still be cautious after the snow begins to melt away. Puddles can easily be hiding monster potholes that grew under the ice during the storm. Not only jarring these can do some real damage to your car. Besides potholes, be careful of hydroplaning as well. As the water melts it may be caught between mounds of slush leaving the perfect amount of water to send your tires for a little ride.

If the Worst Happens: "If a blizzard traps you in your car, pull off the road, set hazard lights to flashing, and hang a distress flag from the radio aerial or window. Remain in your vehicle; rescuers are most likely to find you there. Conserve fuel, but run the engine and heater about ten minutes each hour to keep warm, cracking a downwind window slightly to prevent carbon monoxide poisoning. Exercise to maintain body heat but don't overexert. Huddle with other passengers and use your coat for a blanket. In extreme cold use road maps, seat covers, floor mats, newspapers or extra clothing for covering--anything to provide additional insulation and warmth. Turn on the inside dome light so rescue teams can see you at night, but be careful not to run the battery down. In remote areas, spread a large cloth over the snow to attract the attention of rescue planes. Do not set out on foot unless you see a building close by where you know you can take shelter. Once the blizzard is over, you may need to leave the car and proceed on foot. Follow the road if possible. If you need to walk across open country, use distant points as landmarks to help maintain your sense of direction." (Tips provided by FEMA)

Legal Concerns

The Car Snowball: When your car is covered with snow it makes for safer driving if you clear all the snow off - but are you required to legally? Technically, in most states, there is not a "snow on the car" law. Instead, other laws may be interpreted to include snow. Be safe and get your car uncovered completely so you can clearly see around you and don't inadvertently cause hazards.

  • In many states you can be cited if your windshield, rear window and windows are obstructed so you cannot see the road. This is often interpreted to include snow, ice and fog that disrupt the drivers view.
  • How about the snow on your roof or hood that you left there? In many states you will not be cited for this alone, however, if this snow flies off and damages another car (i.e. smacks into and cracks the windshield of the car behind you) then you are liable for any damages. Some states are clever and cite snow falling from your car as littering! 
  • While you are at it, make sure to clear any snow from your headlights and break lights. This not only helps you light your path, but no doing so may be a citation waiting to happen in some states.

Snow tires, studs, and chains, oh my!

NOW TIRES: Standard in many snowy states usually there are not penalties for having these tires on past a certain date. Check with your local tire stores as they will often store your summer tires during the winter season and vice versa. STUDDED TIRES: States that allow these tires for winter travel often have a set timeline when they may be used (i.e. In Alaska they may be on by September 15th and are due off by May 1st - most states in the lower 48 will have a shorter time allotment). This information can be found at your state Department of Transportation website (see list to the right) CHAINS: Especially if traveling in mountainous states, learn if chains are often required, make sure you have them and learn how to put them on before you go. Some flat states also allow chains under certain conditions. Check with your state Department of Transportation for specific requirements or limitations. The following YouTube video illustrates how to put on cable style chains. It is sponsored by the Oregon Department of Transportation (http://www.youtube.com/watch?v=_8RVbDuyOcY):

The Cleaner Home

Make your home environmentally green

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The old days of harsh bleach and chemicals used to clean around the house are slowly fading out. Along with this trend is a desire of many consumers to adopt more environmentally friendly products for their home. This can be anything from the new countertops and floors to the groceries bought at the local supermarket. In addition to what you bring in (and take out) of your home, the maintenance of your home can is a way to become more green. According to the energysavers.gov website, "Americans spend more than $160 billion a year to heat, cool, light, and live" in their homes. Everyone may not try every option or may find their budget does not allow for all of the products available. However, a few home improvements and informed purchases can not only save you money in the long run, but these changes can also provide a healthier home for your family and the planet. Initially, all the options to create a greener home can be overwhelming. But some tasks are good home maintenance and a few only need to be done once. The headings below is just one way to break down some of the improvements and updates you may make to your home which will effect its impact and performance. Did we say performance? You bet! Making sure your home is running efficiently and smoothly is the number one way to helping the environment! How efficient is your home? Making your home work efficiently to keep you warm, cool and provide you with creature comforts is the perfect way to help other creatures of the world. Taking time to keep your home updated will help reduce the amount of energy you need and ultimately be easier on your wallet as well. Lighting: You can cut electricity costs by taking advantage of natural lighting and choosing carefully the lighting you purchase. Natural light is a great way to improve your home's efficiency. Skylights and easy to open window treatments can help you better regulate where you get your light during the day. Windows facing north and south can offer a great source of natural light and heat. West and east windows will offer light but may produce too much glare as the sun rises and sets. Choose your artificial lights carefully. Selecting a few accent lights and then a concentrated task light for an activity such as reading is a better alternative to lighting up every square inch of the room with florescent bulbs! Using environmentally efficient light bulbs can help reduce energy costs. However, research the bulbs you buy. Some may not work as well for task lighting. Others may not work with your older lamps and you may be better buying a new lighting fixture at the same time. Keep your artificial lights working at their best. Even the simple task of keeping your lamp shades free of dust can improve the light quality in your home. Windows: The windows of your home can be a great ally. Getting the right type of window treatments can help regulate your home temperatures. Drapes: Drawn closed in the winter, these window treatments can help prevent heat from escaping by as much as 10%! Drapes can also help decrease heat coming into the home if closed against direct sunlight in the summer. Blinds or Shades: These can help reduce the amount of heat coming through the window because of direct sunlight. Dual shades can be very useful. Use the light side to help reflect and keep out the warming sun in the summer and the dark side can be used in the winter to draw in more heat. Shutters: Both exterior and interior shutters can be used to keep heat out in the summer. They do not work as well at keeping heat in during the winter. Another perk of having exterior shutters is that they can provide extra security for your home as well. Window Panel: Similar to a shutter, a window panel is a product that pops into the window frame and provides extra insulation in the winter. An inexpensive addition, this may be ideal for windows not used for their light in the winter. Screens: Although these don't really keep any heat in place, using screens on your windows allows for better cooling and airing of your home in the summer. Screens allow you to keep windows and doors open encouraging a natural movement of the air. Using open windows well in the morning and evening can drastically reduce your air conditioning bill. Thankfully this can be done without letting in all the bugs and critters! Awnings: Window awnings can help keep the house cooler in the summer by reducing the amount of heat that is adsorbed. Air Leaks: Get rid of air leaks! Insulation works to improve both the heating and cooling of your home. Check around your doors and windows first. Many leaks escape through these portals the most. Replace weather stripping and caulk where needed. Besides the doors and windows, also check for air leaks around vents, fans, phone and cable lines, and electrical lines. Depending on the materials used in your home, you may also need to check any brick, stucco or cement construction for needed repairs. Not sure if you have a leak? One option is to use an incense stick. The smoke will show any movement caused by air leaks. Another method is to have someone stand on the other side of the possible leak source while you shine a flashlight at the edges. If they can see the light on the other side then some updates should be made. Insulation: Updating or adding insulation to your home, especially an older one, can help reduce costs associated with heating and cooling your home. The attic, crawl space, basement, exterior walls and space around service ducts are the areas that will need the most attention or improvement. Reduce Water Usage: There are many ways to reduce your water consumption around the home. The hot water heater can be an energy hog. Try insulating it if it does not already have at least R-24 insulation. You can also lower the temperature of the water from 140°F to 120°F to save on cost. Make certain to fix any leaky pipes or faucets. Over time these will not only consume water but will also cause damage to the surrounding area. To get better use of water for your money, consider installing low-flow water faucets and showerheads. You may also consider a water (and energy) efficient clothes washer. What do you bring into your home? Whether building a new home or shopping for the weekly groceries, the products you choose to bring home have a great impact on the environment. Taking some time to consider your choices before you buy is a great way to reduce your carbon footprint. Renewable Construction: If building or remodeling a home, consider renewable sources for some of your construction needs. You do not have to use all or any of them, however, if you take the time to research some of these options, you may be surprised and find a good fit. Hardwood floors are great in that they keep allergies as bay and are easier on the environment then synthetic carpet manufacture. However, a renewable wood is key here. Renewable floors such as bamboo or cork are much easier to replenish. Another option that has gained in popularity is reclaimed wood. This product is taken from demolition sites - everything from an old house to an old gymnasium floor. Research the product's history as some sealants and paints used on the wood may be toxic. There are more renewable sources available. From recycled glass used as tile to recycled jeans used as insulation. Take a look at our links to the right for more information about these items and possible vendors in your area. Buy Local: There has been a lot of encouragement for consumers to buy local recently. Buying locally should help cut down on shipping and packaging costs. Doing so can also help local farmers and businesses. Not always the cheaper option, trying to purposely buy some items locally can help the economy and ultimately the environment. In fact, some believe buying groceries from local sources provides fresher produce that ultimately could be better for your health. Quality of Product: Being a savvy consumer who expects the best quality in their products is helpful to the environment as well as your pocketbook. Move away from cheaply made items; instead research your purchases and get ones that will perform well for a long time to come. Check Labels: On anything you buy, take time to check the labels and be aware of any impact it may have on your environment - including at home. Consider carefully your choice in chemicals used for cleaning. When working on home improvement projects consider the options you have for glues, paints and other possible hazardous materials. THERMOSTAT: Lower your thermostat by a few degrees. Get a controller where you can specify different temperatures for day and night. LIGHTS: Turn off incandescent lights when not in use. Turn off florescent lights if you will be gone for more than 15 minutes. Optimize your use of natural light with work or reading places near northern or southern windows away from eastern and western sun glare. ELECTRONICS: Turn off power strips if nothing on the strip is in use. Unplug unused electronics. COMPUTERS: Turn off your computer monitor if you will be gone for more than 20 minutes. Turn off both your computer and computer monitor if you will be gone for more than 2 hours. Use the sleep mode if your computer has one. ENERGY: Consider purchasing green energy from your power company such as solar power, wind power, biomass power, geothermal energy or hydropower. If your power company does not have one of these options available, you may still be able to invest in future programs. LAUNDRY: Wash your clothes in cold water when possible. Clothesline dry your laundry on sunny days. Shop for detergents that list which toxic chemicals are not in the product. A generic statement such as "non-toxic" may be gimmick so read the label carefully. GROCERIES: Shop locally. Use a cloth reusable bag for groceries. COOKING: Use cookware that cooks at lower temperatures such as cast iron or clay. Save your baking for cooler hours. DISHES: Only run the dishwasher when it is full. Run the dishwasher at night. GARDEN GREEN: Check out our article on environmentally green gardening. Or see our article about pet safe gardening.

Preventive Maintenance Tips for your Home-Part 5

This month we will discus helpful tips for maintenance every 2 years.

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Welcome back to Rocky’s Corner!

Last month we started Part 4 of an 8 part series of Preventive Maintenance Tips for your Home. This month we will discus helpful tips for maintenance every 2 years. Every 2 Years

AIR DUCTS:
Consider having the air ducts in your home cleaned if family members suffer excessively from respiratory infections, asthma or allergies; if there is visible mold growth inside ducts or on other components of your heating and cooling system, the ducts are infested with insects or rodents. Excessive amounts of dust and debris and/or particles are actually released into the home from your supply registers.

CARBON MONOXIDE DETECTOR:
Change sensor element.

DECKS AND PORCHES:
If they are professionally cleaned, sealed and maintained, it should only be necessary to refinish and/or stain your wooden decks every two or three years. It is necessary that surfaces be thoroughly cleaned and dried before adding another coat of stain or protective finish. Remove mold and mildew, fungus, tree sap, grease and bird droppings from exterior wood with the appropriate commercial deck cleaner (or homemade mixture) and a stiff brushed broom. Clean mildew and fungus by mixing one cup of chlorine bleach per gallon of water; scrub and rinse well. Sodium bicarbonate works well to remove dirt, mildew and the weathered gray residue from sunlight degradation. Oxalic acid will remove metal stains around nails and dark tannin stains often found on redwood, cedar and oak. Use care and follow manufacturers’ directions when using these products, wear eye protection, long pants, long sleeves and gloves; cover surrounding vegetation with plastic and rinse well.

TILE, NATURAL STONE AND GROUT:
Have your grout, professionally sealed every one to three years in medium to heavy-used areas and every three to five years in lightly used areas.

SEPTIC TANK:
Have the septic tank cleaned and pumped. Join me next month for Part 6 of our series on Preventive Maintenance Tips for your Home. We will be starting with tips for each season st Spring Visit us at www.freminshomeimprovement.com

Bankruptcy Law 101

This is the article that no one hopes to need and we would prefer not to write.

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As of December 2007, bankruptcy filings are up 28% from last year and are expected to increase in 2008 due to the combined factors of high household debt and rising mortgage costs. American Bankruptcy Institute

This is the article that no one hopes to need and we would prefer not to write. The word 'bankruptcy' is weighed down by such doomsday words as failure, defeat, impoverishment...well, you're getting the depressing idea. However, it is not 'the end of the world' to declare bankruptcy. Instead of running away from this topic, it is time to demystify bankruptcy with a little 'Bankruptcy 101.'

What is bankruptcy?

For most people, bankruptcy is a way to get a fresh start after acquiring too much debt. Most individuals who file for bankruptcy will file under Chapter 7 or Chapter 13. Depending on which is filed, one may get most of their debt erased or work out a workable solution with lenders to pay off existing debt.

Are bankruptcy laws determined by Federal or State government?

Bankruptcy laws are made by the Federal government. States can pass laws that protect the "lender and debtor relationship" but they cannot regulate how a bankruptcy is processed or if it is to be granted.

Can all debts be erased?

No. Whichever type of bankruptcy is filed, there are certain debts that cannot be erased at all. These include alimony, child support, most student loans and legal judgments against fraud or criminal negligence such as a drunk driving accident. Some taxes may be erased, but not all. In fact, taxes have their own set of bankruptcy rules.

Do I need a lawyer?

When filing for bankruptcy it is important to find a bankruptcy lawyer who can help you navigate the process. Bankruptcy lawyers specialize in this area of law and are familiar with the distinct differences and effects of the process; they can be your greatest ally in a tough, seemingly bureaucratic system.

How long will bankruptcy effect my credit?

Bankruptcy will stay on your credit report for 10 years. There are ways to improve your credit rating and make yourself more appealing to lenders. For more information on this, check out this useful website: www.lifeafterbankruptcy.com. It is not an easy road back and those filing for bankruptcy should have a realistic expectation to work hard at their future spending practices.

Do I have to do debt counseling?

Yes. Under the new bankruptcy act passed in October 2005, it is now required that all persons applying for bankruptcy meet with a government qualified debt counselor first. After one has successfully filed for bankruptcy, the debtor must again meet with a counselor before the bankruptcy file will be closed.

What is Chapter 7 bankruptcy? (In a nutshell)

Chapter 7 bankruptcy is also known as a "liquidation of debt." A person can file for Chapter 7 every 8 years. This usually involves the liquidation of property to pay back debts. An appointed trustee sells all secured, non-exempt property for the debtor and distributes money raised among the lenders. Unsecured debts, such as credit card bills and most medical bills can be erased. This may mean the loss of secure debts such as a home. However, most states do have protections for debtors in place to insure they may keep life necessities such as clothing and some furniture. Retirement funds such as IRA's are also protected and debtors may keep these as well. After the changes to bankruptcy law in October 2005, many debtors may not get approved for Chapter 7 and be required instead to apply for Chapter 13. In short, if you still have an income and make more than the median for a household of your size in your state you may have to file for Chapter 13. To find out if you should be filing for Chapter 7 or Chapter 13, you can use a mean calculator like the one at legalconsumer.com. Again, this is where consulting a lawyer becomes very important.

What is Chapter 13 bankruptcy? (In a nutshell)

Chapter 13 bankruptcy is also known as a "reorganization of debt" or the "wage earners' plan." One can file for Chapter 13 more often as long as any previous filings are already closed. This is the bankruptcy for those trying to a find a way to get out of debt but still expect to pay off some of their debt. Generally speaking, if you still have a source of income and could make payments, just not the high ones you have now, you can be restructured into a debt payment plan under Chapter 13. This is the most likely to be used to try to stop a mortgage foreclosure. In this scenario, you can keep the house, car and more than you could under Chapter 7. There are limits to the amount of debt that can be restructured. If one is above those limits they would file under Chapter 11, however, the average American Joe/Jane is not in this category.

More Resources
US Department of Justice - US Trustee Program
www.usdoj.gov/ust/
A complete listing of approved credit counseling agencies is available through links on this Web page. [Listed by state.] www.usdoj.gov/ust/eo/bapcpa/ccde/cc_approved.htm
A complete listing of approved providers of financial management instructional courses is available through links on this Web page. [Listed by state.] www.usdoj.gov/ust/eo/bapcpa/ccde/de_approved.htm

American Bankruptcy Institute
www.abiworld.org
The American Bankruptcy Institute is the largest multi-disciplinary, non-partisan organization dedicated to research and education on matters related to insolvency. ABI was founded in 1982 to provide Congress and the public with unbiased analysis of bankruptcy issues.

Bankruptcy Abuse Prevention and Consumer Protection Act of 2005
www.govtrack.us/congress/bill.xpd?bill=s109-256

Bankruptcy Action
www.bankruptcyaction.com
The objective of this website is to provide the person, thinking about filing bankruptcy, the information he or she needs to make an informed decision.

Lawyers Listings
www.lawyerslistings.com/about.shtm
Our mission is to present to the Internet community an easy-to-use site in which to search for law firms and individual lawyers.

Life After Bankruptcy
www.lifeafterbankruptcy.com
On this website you'll discover everything I did to recover so quickly...and many other bankruptcy recovery and credit repair strategies you'll find nowhere else.

NOLO Bankruptcy Library
www.nolo.com
Nolo is your legal companion, empowering you and saving you money whenever the law touches your work, life or finances.

US Courts - Bankruptcy Basics
www.uscourts.gov/bankruptcycourts/bankruptcybasics.html 
Bankruptcy Basics provides basic information to debtors, creditors, court personnel, the media, and the general public on different aspects of the federal bankruptcy laws.

What can you do to prevent Bankruptcy?

  1. Continue to take care of essential bills first: mortgage/rent, taxes, child support, and utility bills.
  2. Eliminate frivolous expenditures. No more department store credit cards, cable TV, magazine and newspaper subscriptions, etc. Be honest about what you can live without with for a while. 
  3. If you own your home, consider a home equity loan to get rid of high rate debts such as credit cards.
  4. Watch your credit report. Close unused accounts, check for errors and resolve any questions with lenders immediately.
  5. Know the warning signs: -Are you using credit cards to pay off bills or credit cards? -Are you borrowing against unprotected debt? i.e. Are you borrowing from a credit card to pay the mortgage? When you see you are bouncing debt around and not making any headway, it is a good time to look at credit counseling.
  6. Warning about credit counseling: If you choose to do debt consolidation recognize that it will effect your credit score. Also, make sure you understand how the payments will work and if you can really make the payment - sometimes they are set too high!
  7. Avoid aggressive lenders. If you begin to get offers for loans that sound too good to be true - they are! There has been a big push to penalize aggressive lenders who only help people acquire more debt. However, they are still out there and you should be a careful shopper of any loans you take.

Unmarried Couples Your Property Rights

Moving in Together or Splitting Up

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Unmarried Couples
Your Property Rights: Moving in Together or Splitting Up

Recent nationwide surveys show many couples are deciding to live together before marriage or live together with no intention of marrying at all. For these couples, buying a home is not necessarily more difficult but it does come with additional challenges and items to consider before signing the dotted line.

Unmarried couples will find they have the common options of Tenants in Common or Joint Tenancy contracts when they purchase property. In some states one of these options will be considered automatically for them so they should be aware of what type of contract they are signing in advance.

Tenants in Common:

  • Contract between two or more people to own property together. There is no limit to the number of owners. This type of ownership is common for unmarried couples, groups investing in larger property and those interested in buying property in expensive markets they could not otherwise afford on their own.
  • Tenants in Common can sell their share of the home at any time. If no additional contract is made, they may do this without forewarning other owners.
  • Shares of the Tenants in Common does not need to be equal. Percentages can be assign based off contribution amounts. Sally A. may own 50%, Tony B. 25% and Mary C. 25%.
  • To terminate a Tenants in Common contract one owner may buy out the other(s) or all parties can agree to sell the property and split the profits according to percentage(s) owned.
  • If one owner passes away, then it is whomever they specified in their last will and testament who inherits that share.

Joint Tenancy:

  • Most of the above conditions also apply to joint tenancy. However, a joint tenancy offers a right of survivorship. If one of the owners passes away, the other(s) automatically get ownership without the necessity of a last will and testament.

It is important to realize the above contracts cover the basic property rights for a mortgaged/purchased home or property. The above do not protect individual property (i.e. furniture), discrepancies in contributions to home improvements, or other expenses of owning a home. Therefore, it is imperative that unmarried couples write up a contract that address these issues. Almost like a pre-nuptial agreement (and often perceived as unromantic as one) a contract of terms will protect both parties in case paths do part.

Items to consider in a contractual agreement:

  • If you have a Tenants in Common agreement, make certain all parties do have a last will and testament to clear any possible confusion of ownership in case of death.
  • Include terms for terminating the joint ownership. -Specify if the other party should be given a required number of days notice of the sale and an option to buyout before one of the owners sells their half. -Set limits on the amount of the time allotted for the buyout. A fair time should be offered with a consideration of time constraints created by working through the banking process. -If the property will be sold, make sure to include the percentages of the property owned so each party gets their share.
  • Detail how expenses will be kept on equal terms. Will the mortgage be split? Will one pay the mortgage and the other all the household utilities and joint bills? Again, if the contribution is not equal the difference should be recorded.
  • It may be too cumbersome and unrealistic to include personal property items such as furniture in this contract. Instead you may want to make a separate record. List items that each individual brings into the household. If furniture is later purchased together, many unmarried couples will find it beneficial to keep track of contributions. Because their separation will not be treated as a divorce, disputes over items like these will be harder to resolve without some record.
  • Do not include chore items such as who does the dishes. This can make your contract frivolous and tossed out in a court of law. However, some counselors do suggest making chore lists for all couples (married or not) to help cope with the pressures and expectations of our fast passed lives and homes.

If the unthinkable does happen and you do separate, make sure to give yourself time to cope and process. Even without a marriage it is a major life change. With or without contracts it is important to work together until you can sell or buyout the house if at all possible.

Some coping strategies:

  • Accept and expect mood swings
  • Don't expect to be able to concentrate and work at 100% for a while
  • Don't expect to understand why you separated right away - this takes time and reflection
  • Don't become a hermit - instead use this as a launching pad to rediscover your interests and hobbies
  • Prioritize your needs

SELLING YOUR HOME? USE THESE TIPS!

Increase The Curb Appeal Of Any House.

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Clean up the outside.

  • Curb appeal is the first impression of your house. Keeping the grass cut and the area tidy will help make a great first impression.
  • Paint or wash the exterior of the house (including window casings, shutters, and doors).
  • Wash the windows inside and out.
  • Check the gutters and chimney.

Increase The Curb Appeal Of Any House. Simple, low-cost curb appeal and house makeover improvements that anyone can do in a weekend. Or, there are many landscaping companies that can help with the job if time is an issue.

Touch up the interior.

  • Put a fresh coat of paint in the most used areas of the home. This will clean as well as brighten up the rooms.
  • Wash the walls where paint is not appropriate (i.e. wall paper, paneling).
  • Wash all floors and bathroom tiles.
  • Shampoo dirty carpets.
  • Get rid of clutter. Clean out your closets, garage, basement, and attic. Use shelf storage if necessary.
  • Replace air filters to help keep the dust down.

Replace bathroom and kitchen fixtures that are worn or leaking.

  • People will notice a leaking or worn-out faucet. By replacing these items, you will give a new look to the room.
  • Clean under the sinks. If there are any leaks, fix them. Then clean up the damage using contact paper or paint.

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Get rid of any bad smells in your home.

  • Pay attention to pet or cigarette odors.
  • Place scented potpourri around the house.
  • On the day you're expecting a potential buyer, pop a batch of frozen cinnamon rolls, home-made bread, or an apple pie into the oven for a great aroma.