Asked in Bankruptcy, Estate Planning and Collections for Texas

Q: In Texas, If my Dad and I have a Life Estate Deed together and he gets sued, can a lien be placed on the house?

Want to sell house later without any liens being placed ,he is currently living in house.

1 Lawyer Answer
Teri A. Walter
Teri A. Walter
  • Bankruptcy Lawyer
  • Houston, TX
  • Licensed in Texas

A: If the house is homestead, the lien won't attach.

When you say you two have a "life estate deed together" I don't know what that means. A life estate is only the right to use the house during your lifetime. Presumably one of you has a life estate and the other has the remainder interest. If you both have a life estate, neither of you would be able to sell the house, but only sell or assign your life estate.

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