Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Teri A. Walter
1 Answer | Asked in Real Estate Law for Texas on
Q: we own property that has a road going through it. How can I find out if we can keep people from driving through

There is a guy that bought into undivided interest down the road but in our plat it shows the road goes through our property all the way to that property

Teri A. Walter
Teri A. Walter
answered on Jan 12, 2021

There may be an easement, which would be recorded in the real property records, or in a deed. If not, he may be able to sue you to obtain an easement of necessity if the road running through your property is the only way to access his property. The answer to your question will require a review of... View More

1 Answer | Asked in Contracts for Texas on
Q: Is a tax lien on commercial property a defense to breach of contract for sale if it cannot be cured by sale proceeds.
Teri A. Walter
Teri A. Walter
answered on Jan 12, 2021

If there is still a tax lien on the property after it is sold, and the seller provided a warranty of title, or the contract provided for such a warranty, then the lien would be evidence of a breach of the contract, not a defense.

1 Answer | Asked in Animal / Dog Law for Texas on
Q: Hello, I recently took my dog to the vet and they said he has heartworms. When we went there to pick him up and-

everything, the assistant gave the medicine to a family friend of ours. The family friend is super controlling. She will not let me and my girlfriend, the dog's owners, to give him the medicine every day. So we have my girlfriend's mother coming over to give him his medicine every two... View More

Teri A. Walter
Teri A. Walter
answered on Jan 11, 2021

First, stop asking this friend to run errands for you. Then see if you can get more of the medication from the vet. If not, you'll have to make due until the current prescription is up.

While this "friend" doesn't have any right to the medication, the issue is not one...
View More

1 Answer | Asked in Legal Malpractice for Texas on
Q: What is the best procedure to have 2 of 3 parties removed from a civil suit ?

3 parties were listed as defendants in a suit by a mechanic. No lien on vehicle. The vehicle is titled to 1 of the parties involved only. How do I remove the others from suit?

Teri A. Walter
Teri A. Walter
answered on Jan 11, 2021

Of course, that depends. If you're the plaintiff, you can simply file a motion to dismiss those defendants. If you're a defendant, you can see if you can get the plaintiff to agree to dismiss you, or do the necessary discovery to allow you to get out with a motion for summary judgment.

1 Answer | Asked in Animal / Dog Law and Civil Rights for Texas on
Q: Can I take my dog with me, do I need to call the police when I go get my belongings?

My husband refuses to let me take my dog with me because I am leaving him and he has 5 other dogs and no job. I have an American bully I have paid all his vet bills and am very close to this dog as so is the dog with me. Can I take my dog do I just need to call the police when I get my belongings... View More

Teri A. Walter
Teri A. Walter
answered on Jan 6, 2021

Yes, you can take your dog. It's always easier if you can plan your departure for a time he's not there, but if that's not possible, you can certainly call the police for assistance. Good luck!

1 Answer | Asked in Animal / Dog Law for Texas on
Q: My neighbor lets her dog roam free on our block, the dog is in heat and attracting other dogs to the block.

I can’t walk my dogs freely without fear of being attacked by the pack of dogs her dog has attracted. I called the cops but they just spoke to her and nothing has changed. I contacted the city shelter and they haven’t done anything. Can i sue her for depriving me of enjoyment of life?

Teri A. Walter
Teri A. Walter
answered on Jan 4, 2021

The short answer is no, you can't sue someone for being afraid.

1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Civil Rights for Texas on
Q: Please can anyone just re evaluate final order 05-18-00291-cv
Teri A. Walter
Teri A. Walter
answered on Jan 4, 2021

Not in this forum. If you want someone to review the order and interpret it for you, or appeal it, you'll have to consult an attorney. This forum is for general information.

1 Answer | Asked in Divorce for Texas on
Q: Texas wife pays all bills and her husband name is only on title and not mortgage and we have one kid so wife keeps home
Teri A. Walter
Teri A. Walter
answered on Jan 4, 2021

Sorry, there's no question here, only a statement.

If the house was bought during the marriage, it's presumably community property. If that's the case, it doesn't matter whose name is on the title or mortgage and regardless of who "pays the bills," the...
View More

1 Answer | Asked in Real Estate Law for Texas on
Q: Bought a house together, not married, what rights do I have?

I have 3 kids with someone I was with for 10 years. We are no longer together but we still live together in a home we both purchased. Our names are on the house but we are not married. I started going to school and working on my debt. I want to have everything settled before I move out. With me... View More

Teri A. Walter
Teri A. Walter
answered on Dec 30, 2020

Your rights are determined by the deed, not the financing. If both your names are on the deed, you own a 50% interest in the house, whether you pay any bills or not, and regardless of whose name is on the financing.

That being said, if the mortgage doesn't get paid, the mortgage...
View More

1 Answer | Asked in Animal / Dog Law for Texas on
Q: Found dog and puppies in ditch. Took mom dog to the vet Is the dog legally mine? Took owners a week to come forward

The mom needed to see the vet and was bleeding at the neck due to being hit by a car - people don’t want to pay the vet bill- what can I do?

Teri A. Walter
Teri A. Walter
answered on Dec 30, 2020

Here are your options:

1. Do nothing. It's unlikely that an owner who dumped the dogs and refuses to pay the vet bill will sue to get the dogs back. If they do, you can countersue for the vet bill.

2. Give the dogs back and consider the vet bill a gift.

3. Give the...
View More

1 Answer | Asked in Real Estate Law for Texas on
Q: Two siblings each inherit a 50% undivided interest in a ranch.

One wants money now and is willing to sell at a low price.

The other wants to hold out for a higher price.

Neither has the money to buy out the other.

Can they sell their interests to a buyer at different prices?

Short of partition of the land (which does not... View More

Teri A. Walter
Teri A. Walter
answered on Dec 30, 2020

Where the land cannot be partitioned, the partition happens by sale of the property, with each owner taking their share. The shares are computed taking into account any income received from the property, and expenses incurred, both of which are shared by all the owners.

I suppose the two...
View More

1 Answer | Asked in Family Law for Texas on
Q: What grounds would an aunt have to take a 14 yr old from his father if there are no problems?

Mother and Father shared joint custody and successfully co-parented. She has recently passed. Her sister wants the 14 yr old. In staying with his father, he will remain in the same school and maintain his extracurricular activities. I'm just wondering if there are any laws or loopholes that... View More

Teri A. Walter
Teri A. Walter
answered on Dec 30, 2020

There really isn't any way to do this without dad's consent. An aunt doesn't get parental rights over a child just because she wants them.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Landlord raising rent in the middle of our agreement.

We agreed to stay in this house for two years. This was a verbal agreement. The first year, 2020, the landlord’s son would be here. Starting 2021, it would just be my family. Landlord agreed to pay taxes for 2020 & 2021, and if we decided to stay into 2022, we would begin paying the taxes.... View More

Teri A. Walter
Teri A. Walter
answered on Dec 30, 2020

Oral agreements for more than one year are not enforceable. So, what you have is a month to month tenancy, which can be changed by either of you with 30 days notice. However, it's not clear what was emailed, which could change the analysis.

1 Answer | Asked in Real Estate Law for Texas on
Q: My sister in Maine and I in Texas were deeded (Lady Bird Deed) our late mother's property immediately upon her death.

Texas is a community property state and Maine is not. Do I need my husband's written permission to sell my portion of the property so my sister and I can split the profits with our siblings? The property is being legally split into two different sections to sell. Both my sister and I will... View More

Teri A. Walter
Teri A. Walter
answered on Dec 18, 2020

You don't say where the property is located, which makes a difference, however in any case you won't need "permission" to sell. Assuming the property is in Texas, however, a title company may require that he co-sign the deed, so that there is no question later about whether any... View More

1 Answer | Asked in Animal / Dog Law for Texas on
Q: How does equity law with dogs work in Texas and how can someone prove it to get ownership of dogs in a civil suite?

My ex girlfriend is suing me for my dogs. 1 I got from my boss when she was living in another state. The other I purchased from a friend for $200. I’ve paid 65-90% of the bills for them. She did put her name on the vet bills eventually and would watch the dogs when I was out of town for work. She... View More

Teri A. Walter
Teri A. Walter
answered on Dec 18, 2020

The judge will look at the evidence and decide who they think is most credible. If the dogs have been together, it's unlikely that they'd be separated, especially if the evidence of who has been caring for them is the same.

You probably have records of what you've paid,...
View More

1 Answer | Asked in Business Law for Texas on
Q: Can a public place, for example, Starbucks, refuse to allow non-paying customers the ability to use their restroom?

I remember watching the video of the two men who were waiting for their friend in a Starbucks and one politely asked to use the restroom. He was told no, you’d have to purchase something to use the restroom, for paying customers only. So I was just wondering is it legal for a business to refuse... View More

Teri A. Walter
Teri A. Walter
answered on Dec 4, 2020

Yes, it's legal, and some businesses will insist on it to avoid becoming just a public restroom.

1 Answer | Asked in Divorce for Texas on
Q: In Texas, my husband gifted the deed to me (land and home) / purchased with separate funds. If we divorce. What now.

Even if some utility bills are paid together.

Teri A. Walter
Teri A. Walter
answered on Dec 4, 2020

If you can prove that the property was a gift, then it's your separate property. However, in a divorce, all property acquired during the marriage is Presumed to be community property, so you'll have the burden of proof on that issue.

1 Answer | Asked in Real Estate Law for Texas on
Q: How do I switch primary residence if the mortgage is under my name but title shared between me and my parents?

I bought my first house about 8 months ago. I am the only one on the mortgage but I have myself and my parents listed on the title. I am looking to buy another home as a primary residence for myself. What options do I have to change my primary residence to the new home. Do I need to form a rental... View More

Teri A. Walter
Teri A. Walter
answered on Dec 4, 2020

You don't need anyone's permission to move to a new residence. It's possible that if you're applying for a mortgage on the new house, you'll want to have a rental agreement with your parents to show the new mortgage company that you're receiving income from the first property.

1 Answer | Asked in Consumer Law for Texas on
Q: I live in Texas. If I go into a store and purchase an item at the register that is higher than the price that is display

I live in Texas. If I go into a store and purchase an item at the register that is higher than the price that is displayed on the shelf what price do I pay for the item.

Teri A. Walter
Teri A. Walter
answered on Dec 3, 2020

If you can get them to change the price based on what was posted, you pay the lower price. If not, you pay the higher price, or buy it elsewhere.

1 Answer | Asked in Employment Law, Business Law, Collections and Constitutional Law for Texas on
Q: How do I collect on a case that was granted in my favor in court. And is still growing interest

The company never showed up for court after being served they moved the company on the same day

Teri A. Walter
Teri A. Walter
answered on Dec 3, 2020

There are several things that need to happen. The first is usually to prepare (or request the clerk to prepare) an abstract of judgment and record it in the real property records in any county where your judgment debtor owns (or may own) real property. Next, see if you can determine what assets... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.