Dallas, TX asked in Real Estate Law, Land Use & Zoning, Probate and Estate Planning for Texas

Q: I have a home on my grandmother's property that was left to be inherited by my mother and aunt equally. What happens?

Aunt wants me evicted. Mom wants me to stay. I cannot upgrade septic for house I own (no land payment agreement from deceased grandmother) or move mobile home onto same acreage without aunt's signature or do anything at all without causing a fuss. What do I do? Its a Ladybird will with no designated property division just dual ownership between 2 sisters who cant get along and 1 wants me off property. Aunt and her husband also pressuring my mom to verbally agree to divide land with trees and well house going solely to aunt which stinks of manipulation at every corner, please help!

1 Lawyer Answer
Teri A. Walter
Teri A. Walter
  • Real Estate Law Lawyer
  • Houston, TX
  • Licensed in Texas

A: The property owners (your mother and aunt) both have rights to use the property, which include the right to lease it out. If there's a written lease, that will govern who can evict you and why. If there's not, you're a month to month tenant, and the oral lease agreement can be terminated with 30 days' notice.

Since your mother and aunt don't get along, it's possible that one of them may file a suit for partition of the property, which will most likely require that the property be sold. If that happens, and there is no written lease, you're almost certainly going to need to move.

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