Houston, TX asked in Real Estate Law for Texas

Q: I have a house under my name and my ex's name if I was to move back in can she take home away? My name is on top.

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1 Lawyer Answer

Douglas J. Shumway

Answered
  • Salt Lake City, UT
  • Licensed in Texas

A: The answer to your question is a lot more complicated than you might assume. The type of ownership is important, any agreements associated with ownership might have an impact, and the potential liability associated with re-taking the property should be analyzed. You probably want to schedule a free consultation with a local attorney. Most law firms will provide you with a free consultation and you will be able to get a better feel for your situation by taking advantage of that opportunity. Even if you can't move back in, your lawyer can advise you about the various other options you have to assert your rights to the property. Most of the time the legal battles fought over these things are not worth the money it takes to win so you might want to attempt mediation and get an agreement regarding ownership before you start up any sort of legal battle. Unless the home is worth a significant amount of money only the lawyers will win in a legal battle over it. The foregoing answer is provided by Douglas J Shumway, Esq.: (801) 478-8080. The answer provided is not intended to form an attorney client relationship and should not be construed as legal advice. Mr. Shumway is licensed only in Utah. Mr. Shumway's law firm has offices in Salt Lake City, San Antonio and Las Vegas.

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