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Texas Real Estate Law Questions & Answers
1 Answer | Asked in Family Law, Real Estate Law, Small Claims and Landlord - Tenant for Texas on
Q: Me & my ex partner separated shortly after buying a home together we only lived together in the house for a month.

She refuses to vacate the property, list for sale, and remove herself from the deed. I called the bank to remove my bank information for the monthly payments but they stated it had be authorized by both which she is not cooperating. I had a lawyer I was working with but he has been stating for the... View More

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

When two or more persons own a home together, each owner has the right to occupy the home absent a written agreement to the contrary signed by all of the owners. An owner can only sell that owner's interest and it requires all of the owners cooperating together to sell the entire interest in... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Texas on
Q: My brother passed without a will in Tx his house 270000 his pension $$ his ex hired a lawyer we can't afford one

Her lawyer buried us in paper work now lawyers want 5k /10k retainer we are on fix income we are not showing up in court my mom has Alzheimer's I have a Dr letter for her I don't want to go to court with out a lawyer can not afford one not fair bottom line can I be held in content of... View More

John Michael Frick
John Michael Frick
answered on Jul 12, 2024

If your brother had children, his estate will pass to those children or their descendants. If not, your brother's estate will pass to his parents, which would include your mom if she was also his mom.

Your brother's ex cannot inherit anything from your brother's estate...
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1 Answer | Asked in Divorce, Real Estate Law and Family Law for Texas on
Q: We have both agreed to divorcing. Only tie to each other, other than marriage, is our mortgage that we are both on.

My husband wants to keep the house and I do not want to be on the loan anymore. He can pay the payments and bills with support of roommates but is asking that I give him a year and a half to refinance. Do I have to hold off on the divorce if I agree to wait because his credit is not where it needs... View More

John Michael Frick
John Michael Frick
answered on Jul 12, 2024

You can get divorced and include in your divorce decree a provision that he has a set period of time to refinance or the house will be sold. At the time of refinance or sale, you can specify how much you are to receive. You will want to include an owelty lien and have him sign a deed of trust to... View More

0 Answers | Asked in Real Estate Law for Texas on
Q: Can I back out of home sale because closing date wasn't met due to hurricane? No new contract issued yet with new date.

The loan person for the buyer was also working on getting additional money from assistance programs. So I don't know if they would have even met the closing date today 11th even without the hurricane that was actually a tropical storm. Verbally I said ok to the 15th;

however, I have... View More

1 Answer | Asked in Products Liability and Real Estate Law for Texas on
Q: A friend asked me to come and bid for a half interest on her house andher attorney showed up and outbid me. Feel defraud
John Michael Frick
John Michael Frick
answered on Jul 12, 2024

Seems counterproductive for your friend for her attorney to have to outbid you for her half-interest in her house.

0 Answers | Asked in Small Claims and Real Estate Law for Texas on
Q: Undisclosed foundation repairs when purchasing home led to costly repairs

We bought a home in Dallas in 2020 and found out that foundation work was done by the previous owner that was never disclosed to us. We only found this out because we've been experiencing issues due to the increase in Texas thunderstorms over the past few months. This has led to costly repairs... View More

1 Answer | Asked in Tax Law and Real Estate Law for Texas on
Q: A property is behind 7yrs in taxes can I pay and claim ownership

Abandoned for 7 years

John Michael Frick
John Michael Frick
answered on Jul 8, 2024

If you buy the property in a tax foreclosure sale, yes. But you do not automatically obtain title to a property simply by paying past due taxes.

1 Answer | Asked in Real Estate Law and Contracts for Texas on
Q: Can someone demand past house pymts over a year later, without sending notice of late pymt EVER?

We are purchasing an owner financed home for $27,000 6% interest,15 year. We bought it 2012, the man we are purchasing from, is now in assisted living, & son has taken over businesses, we found out we haven't had insurance for over a year (that we paid for) so son starts looking into... View More

John Michael Frick
John Michael Frick
answered on Jul 3, 2024

Yes. The statute of limitations for breach of contract is four years. As a condition precedent to collecting attorney fees in a suit for breach of contract, he is required to make a written demand for payment at least thirty days before bringing suit. If you pay the demand within thirty days,... View More

0 Answers | Asked in Land Use & Zoning and Real Estate Law for Texas on
Q: Trying to help my 94 yr old father. He has had investment land since 60’s

Huge development building around him. Planned housing area north and adjacent to property.

Two areas drain from their high land under road across our property. Using two 2 ft pipes about 50 yards apart and meeting in a y to go further across the property to other end. These eventually hit... View More

1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Banking for Texas on
Q: I am one day away from closing on a home, but underwriter denied the loan .how can i get my earnest money deposit back ?
John Michael Frick
John Michael Frick
answered on Jul 2, 2024

If your earnest money contract included the standard Third Party Financing Addendum and the box at the top of section 2 A is checked, obtaining Buyer Approval by the financing entity was a condition precedent and you are entitled to give notice within the days specified in that section terminating... View More

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Texas on
Q: My dad passed away and left my sister power of attorney over the house he owned. It's still in his named but she owes

Back taxes and the city is about to sell the house and she loses it. There is a will my dad left for the house but she never filed it. If the house was sold it would be split among us children. These taxes are from her failing to pay them the past two years since my dad died. How do I gain control... View More

John Michael Frick
John Michael Frick
answered on Jul 1, 2024

A power of attorney expires when the maker dies. When your dad died, any power of attorney he signed naming your sister ended.

Since your father left a will and you are an heir under that will, you have the right to file an application for probate of the will. If someone else (e.g. your...
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2 Answers | Asked in Estate Planning, Real Estate Law, Tax Law and Land Use & Zoning for Texas on
Q: I inherited land 80 acres and 20 acres undivided was sold and I just found out there is someone living on it

The taxes is there anyway to have them reduced since I'm not living on land mostly just shrub and trees. I also found out hunting is going on as I seen 6 lookout huts in trees? Also found oil wells on my land

James L. Arrasmith
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answered on Jun 29, 2024

I understand you're dealing with a complex situation involving inherited land. Let's break down the issues you've mentioned and discuss some potential steps you could take:

1. Property taxes:

You may be able to have your property taxes reduced. Some options to...
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0 Answers | Asked in Real Estate Law for Texas on
Q: After termination notice mgmt co continue with help of two dis-qualified board members, board president has 4 felony con

Four times convicted felon is serving as board president of our HOA and he is not even home owner, board secretary was defaulter for two years as per CC&R he is disqualified.

As per http://www.statutes.legis.state.tx.us/Docs/PR/htm/PR.209.htm#209.00591 both board members are... View More

1 Answer | Asked in Real Estate Law for Texas on
Q: we purchased property in TX in 2022 with house and shop and 11.02 acres. No easement was disclosed for pipeline ROW

The title company claims there is no easement right of way agreement on record with the county, but the ROW agent says the pipeline is going through our property in September!

John Michael Frick
John Michael Frick
answered on Jun 24, 2024

If there is no recorded easement, you have plenty of time to file a lawsuit against the company that is threatening to put a pipeline on your property and to set a hearing for a temporary injunction before September.

Do not wait until it becomes an emergency or it will almost certainly cost...
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2 Answers | Asked in Real Estate Law for Texas on
Q: Lady bird law. I reciently inherted a house from my mother through lady bird law deed.

she left me a note stating that I had to transfer the deed to the house within 45 days of her death. is this true ? and if I dont do it in 45 days what are the consequences

James Clifton
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James Clifton
answered on Jun 20, 2024

A Lady Bird Deed (also known as an enhanced life estate deed) allows a property owner to retain control over their property during their lifetime and transfer it to a designated beneficiary automatically upon their death, without the need for probate. In Texas, this type of deed is often used to... View More

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1 Answer | Asked in Real Estate Law for Texas on
Q: How can someone sign a warranty deed after divorce 2015/2016 and 2022 getting half of the sale from the house?

The house was in my ex husbands name only, but yet one piece of paper was signed as married couple even though he was divorced from his second wife.

I don’t understand how she was still able to be part of the sale after signing a warranty deed.

He signed the papers in may 2022... View More

Anthony M. Avery
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answered on Jun 17, 2024

As an ex spouse you have no standing nor interest in this matter. If you have children by the Deceased, then they might be heirs and need to hire a TX lawyer to quiet title in themselves. Many title companies will have spouses sign deeds even though they have no interest except if the other... View More

2 Answers | Asked in Real Estate Law for Texas on
Q: Inherited my mom’s 50% ownership in her house. He husband retained 50% ownership and Texas life estate who pays taxes?

Property taxes

Anthony M. Avery
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answered on Jun 14, 2024

There is no law about anyone owing the property taxes. But if they are not paid, a tax sale will result. So try to reach an agreement on paying half the taxes, then check with the County before the last due date for payment.

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2 Answers | Asked in Real Estate Law for Texas on
Q: How long do you have to wait to file a Adverse Possession after a parent has passed and there was not a will.

The land we have lived on for over 40 years is still in the grandmothers name and the other siblings are trying to sell it. We have paid the taxes on it since the death of his father, except for maybe one year. One of our daughters also live on the property. We have cattle on the 25 acres also.

Alisha Melvin
Alisha Melvin
answered on Jun 13, 2024

Adverse possession has many requirements to fulfill in order to claim. Hostile is one of those elements which means against the right of the true owner and without permission. Based on your question it sounds like you may have an ownership interest. It I am reading this correctly that would mean... View More

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