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Texas Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law, Divorce and Family Law for Texas on
Q: Hi, In Texas, is the house always split equally? I have made every mortgage payment and pay all utilities.

She has not contributed at all to the house even thought she did have a job some of the times. She would quiet or get fired after a few weeks. She is on the title of the house, but not the mortgage or any of the bills.

James Clifton
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James Clifton
answered on Dec 19, 2024

The house will be split equitably. If one person made more payments than the other, that can be taken into account when splitting up the asset. If this is a partition lawsuit, it is important that you are represented to maximize the amount you receive from the property. If this is a divorce, you... View More

0 Answers | Asked in Real Estate Law for Texas on
Q: If husband paid off his property land already and ex wife is now claiming to get $15,000. What can he do?

Husband says she left with kids about 15 years more less ago from house. Husband said she had told him she didn't want anything but the divorced. He gave her the divorce and he has been paying for the property himself. About 4 years ago He asked me to come lived with him. She found out and... View More

1 Answer | Asked in Real Estate Law for Texas on
Q: Are foundation warranties automatically transferred to a new owner of a home that had previous foundation work done?

My wife and I purchased a home in 2020 that had previously had foundation work done by a company called Dawson Foundation Repair. The home started to show signs of settling in 2022, so we reached out to have them come adjust the piers that were already installed/potentially install additional... View More

John Cucci Jr.
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answered on Dec 18, 2024

An agreement from a private company is transferrable to a new owner. However, that agreement contains the details and obligations, of the parties to it. If you can get a copy of the original agreement, the terms of transfer will be there. If not, then there is a problem.

If there is a small...
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1 Answer | Asked in Real Estate Law and Probate for Texas on
Q: My adopted father passed several years ago. His current wife has passed and her side of the family has sold everything

My adopted father passed and supposedly he didn't leave any of his estate to his kids. I question the legitimately of there claim. I'm not sure what to do.

John Michael Frick
John Michael Frick
answered on Dec 16, 2024

You should check the court file for the probate of your father's estate and get a copy of his Will. The only way to not leave any of his estate to his children would be if he had a Will that didn't leave anything to his children. Usually, when a testator makes such a decision, the Will... View More

1 Answer | Asked in Real Estate Law and Probate for Texas on
Q: Can I sell my dad's old house after my siblings have past on?

My dad's will left his possession's to 3 of us. My sister past away 10 years prior to my Dad. My brother recently past . My dad's probate was never completed.

Isaac Shutt
Isaac Shutt
answered on Dec 7, 2024

If your sister passed away before your dad, then her share would go either go to her children or to the other named beneficiaries (depending on what the will states). If your brother died after your dad, then your brother's share would go to your brother's estate (in other words, be... View More

1 Answer | Asked in Real Estate Law, Divorce, Small Claims and Family Law for Texas on
Q: Doesn't my husband need my signature to sell our real estate. And how do you get him to give you your fair earning.
John Michael Frick
John Michael Frick
answered on Dec 3, 2024

Yes, if you and your husband own real estate together, whether as community property or as part your and part his separate property, it will be necessary for you to sign a deed and other closing documents.

As community property, you and your husband should mutually instruct the closing...
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1 Answer | Asked in Real Estate Law for Texas on
Q: How to take over a property under your name paying the bills on it and everything
John Michael Frick
John Michael Frick
answered on Dec 2, 2024

You need to have the owner sign a Warranty Deed conveying the property to you. If the property has a mortgage, you will likely need to secure the lender's consent. You should also check to see if there are any liens filed against the property. Otherwise, a lienholder may be able to... View More

0 Answers | Asked in Contracts, Criminal Law and Real Estate Law for Texas on
Q: Rights on being threatened and hacking into my phone and putting up cameras and changing agreement

I am having issues and being threatened by a roommate who responded to my craigslist ad I posted and noted that I had two cats and that I needed someone to work with me and I was having an issue with becoming stable and independent on my own. this person responded telling me that I just had to take... View More

2 Answers | Asked in Real Estate Law for Texas on
Q: I will be purchasing a home, owner to owner from my landlord. What type of questions should I ask when signing.

I will be renting to own the rental I live in. The landlord and I have come to an agreement as far as price/down/monthly payments. What type of questions should I ask? Should I be liable for taxes of the property during the timeframe I will be renting to own? She does have an attorney that will be... View More

John Michael Frick
John Michael Frick
answered on Nov 26, 2024

1. You need to verify that there is no mortgage lender or other liens recorded against the property.

2. You need to verify that the landlord is the sole legal owner of the property.

3. You need to verify that the home is not anyone's homestead and is not claimed as...
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1 Answer | Asked in Real Estate Law for Texas on
Q: Seller left shed; now it's being repossessed. What can buyer do?

We closed on a home in Texas about 3 weeks ago. A shop building (on a crushed gravel slab but not anchored) was negotiated in the sale, but was not mentioned in the purchase agreement. Two days ago, a repo agent called us saying the shed was rent-to-own and it's being repossessed. Our real... View More

John Michael Frick
John Michael Frick
answered on Nov 25, 2024

The first thing you need to do is to check to see if the company for which the repo agent is repossessing the shop building filed a UCC-1 perfecting a security interest in the shop building.

The second thing you need to do is to contact the title insurance company for your buyer's...
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2 Answers | Asked in Real Estate Law for Texas on
Q: Undivided Property

When two people share equal interest in a parcel of undivided property and one passes away, do their heirs get equal shares with the remaining original interest holder?

John Michael Frick
John Michael Frick
answered on Nov 20, 2024

If two people share an equal interest and one dies, the deceased person's 50% interest passes to that person's heir(s). The deceased person can specify in a Will the interest that each will get; otherwise, it passes in accordance with the laws of intestate succession. That may mean the... View More

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1 Answer | Asked in Real Estate Law and Probate for Texas on
Q: I have paid off liens of my house and taxes for 15 years, solely. There are are 3 heirs. Do I have any rights?

My dad stated I would be owner he he passed. My brother was the administrator and didn’t pay off the liens on the house nor distribute the estate money. The house went into foreclosure and I paid the liens off to keep the house because I was already living there with my children. I want to know... View More

John Michael Frick
John Michael Frick
answered on Nov 18, 2024

You can file a suit to partition the property by sale and offer to buy out the other two heirs' interests.

1 Answer | Asked in Foreclosure and Real Estate Law for Texas on
Q: Can Foreclosure 3 properties in Texas. sue the scammer, borrow. I need to collect the money amount in notes. Not enoug

1. Foreclosure of three properties

2. Sue borrows for lost money, she is a scammer, who has many police reports and FBI reports over by other private JV partners.

They took money to fix the property and sell it, they took the money and never fixed it, waiting until the lender... View More

John Cucci Jr.
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answered on Nov 5, 2024

It is really hard to know what your questions are. Are you the seller/borrower? Are you the lender ?

I will assume you are the lender for this question. Texas has great consumer protection laws, which were made to protect consumers, and small businesses, from unsavory characters and...
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1 Answer | Asked in Contracts, Family Law and Real Estate Law for Texas on
Q: How can I get a Power of attorney document ?
James Clifton
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James Clifton
answered on Oct 30, 2024

If you are looking for a statutory durable power of attorney for finances or a medical power of attorney, you can access them through the Texas Department of Health and Human Services website. If you need a specific power of attorney for the sale or purchase of real estate, that will need to be... View More

2 Answers | Asked in Real Estate Law for Texas on
Q: I received a document saying my condo’s hoa lost lawsuit and the settlement will be around $5M. Will I have to pay?

I co owned this condo with my ex wife. Need to transfer the loan/deed to me. Need to know if I have any financial risk of owing a large amount of money to cover the HOA’s lawsuit lost once I transfer the condo’s deed/loan to myself. The HOA’s lawyer seemed to say the HOA’s insurance won’t cover it

John Michael Frick
John Michael Frick
answered on Oct 22, 2024

It seems likely that the HOA will have to make a special assessment on the owners to satisfy the judgment or will have to dip deeply into its reserves and raise the members' regular assessments to replenish the reserves. That may render certain types of financing (like FHA loans) unavailable... View More

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1 Answer | Asked in Real Estate Law, Divorce and Family Law for Texas on
Q: Can a divorce decree recorded with the county serve as valid title transfer in Texas, or must a deed follow for owner?

Could a divorce decree in Texas be legally recognized as a sufficient transfer of title, similar to a deed, if it is recorded with the county? If not, what specific legal requirements or steps are necessary to convert a divorce decree into valid title ownership? For my adverse possession claim, I... View More

John Cucci Jr.
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answered on Oct 13, 2024

Your questions are complicated and hard to answer without seeing your Divorce Decree, and other deeds and filings on the property, prior to your Decree.

The short answer: No. A divorce decree does not transfer ownership or title to land. You need to get your ex to execute a deed, or you...
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1 Answer | Asked in Real Estate Law and Probate for Texas on
Q: Home equity loan

My dad and stepmom are both on the deed/title to home. Stepmom just recently passed away and dad is looking to get a home equity loan for the property which is completely paid off. Stepmom has 2 adult children as heirs and there was no will. How could this be navigated to be able to get the loan?

James Clifton
PREMIUM
James Clifton
answered on Oct 11, 2024

If the title to the property was held as joint tenants with right of survivorship or tenants by the entirety, your father would own the property solely in his name upon the passing of your stepmother. If the title was not held as joint tenants with right of survivorship or tenants by the entirety,... View More

1 Answer | Asked in Real Estate Law and Civil Rights for Texas on
Q: Condo which applies to Ch. 81 & 13 retroactive provisions of Ch. 82. Regarding displaying religious symbols.

More specifically, I previously read somewhere before and I can neither find it in the by-laws, declaration, Ch. 81 or Ch. 82 that you may not deny postings of religious items such as your front door or garage door. This pertains to wanting to fly an Israeli flag by someone of the Jewish faith. I... View More

James L. Arrasmith
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answered on Oct 8, 2024

In Houston, Texas, condominium associations are generally governed by the Texas Property Code, specifically Chapter 82, known as the Texas Uniform Condominium Act, and by Chapter 81 for older condos. Both chapters address how condos should operate, but neither directly prevents you from displaying... View More

1 Answer | Asked in Real Estate Law for Texas on
Q: A cop took it upon himself to demolish my home and bragged to me he was going to do it on August 1 of this year when he

came out to my house and predicted he would do this, which he did two or three weeks ago after forcing me - and I meaning physically - into the psych ward of a hospital before commencing the demolition. I had no forewarning and everything is gone, and I mean everything. I want to sue this piece... View More

John Cucci Jr.
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answered on Oct 4, 2024

I'm not sure you have all the facts straight. I mean no disrespect.

A police officer does not have the power or authority to demolish any house anywhere. A city may demolish a house inside its limits, but only after Due process.

I have seen towns and cities demolish houses...
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1 Answer | Asked in Real Estate Law and Tax Law for Texas on
Q: Im selling two adjacent properties in Texas one is our primary residence, w/loan second no mortgage.

Total profit for both is $555k

We do qualify for capital gains deduction on the first home. Cash buyer wants one transaction can we separate funds after for taxes

James L. Arrasmith
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answered on Oct 3, 2024

When selling two adjacent properties in a single transaction, it’s important to carefully consider how the funds are allocated to maximize your tax benefits. Since one property is your primary residence, you may be eligible for the capital gains exclusion on up to $250,000 of profit ($500,000 if... View More

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