I want to sell the home for Fair Market Value. The mother of buyer wants to sell for less. Buyer agreed to pay me more so does the mother determine how much I will get from the sale? The home is co-owner by 3 people.
answered on Mar 28, 2024
In the absence of an agreement to the contrary, equal co-owners will split the net proceeds of the sale in equal portions. So, in your situation, you need to reach an agreement with all three co-owners that you will receive a greater portion. If one of the co-owners is a minor, the minor's... View More
Can you request a writ of possession be issued based on a 1938 title action where a party to that suit or someone claiming through that person has tried to claim title and possession under Quit claim deed from a person to never hold interest in the property. Or what other remedy Res Judica would... View More
Can you ask the District Court for a writ of possession from a title action in 1938 in Texas due to a person claiming title through a person who from whom the property is recovered and against a person claiming the property through that party to the action that title was recovered from the first... View More
answered on Mar 27, 2024
Hire a TX attorney to search the title and then decide on what causes of actions need to be filed. This assumes you have already looked into it somewhat so you can tell the lawyer what you think is going on. Do not attempt this type of work yourself.
My husband killed himself with out leaving a will,this happened in 2019. 1st I had know idea that my home was in danger of having to be split with his son. We were both on the title/deed. I have paid the house off and step son has filed an affidavit of heirship with the wrong information and 2 very... View More
My proposal is that, before a property is vacated, filing a legal document with the county clerk by the owner/heir/trustee/POA/etc stating that person X is the guardian of the property and no leases, gifts sales, transfers, etc have taken place, and no one is authorized to be in the property, and... View More
I live in an apartment building. Above me I can hear babies crying non stop, loud stomping noises, and below there is 3 dogs that bark non stop. It wakes me up every morning at 3 even when I turn on the tv. I told my leasing agent about these ongoing issues multiple times, but nothing is getting... View More
answered on Mar 26, 2024
In situations where noise interferes with your quiet enjoyment of your apartment, the lease terms cannot override state laws or local ordinances regarding your right to quiet enjoyment. In Texas, the law of quiet enjoyment is implied in every residential lease, which means that excessive noise that... View More
A neighbor's cat using our house as a litter box for the past two months. It took me about a month to find out the owner of the cat. I have spoken to them about this problem twice but they have not done anything to prevent their cat roaming freely. This has caused quite a nuisance in front of... View More
answered on Mar 24, 2024
That is a problem. Call the Animal Control office one more time. Get the name of everyone you talk to there and take notes of the call. If you get no help, you can start a small claims case against the cat owner, Animal Control, AND the HOA. That will cost you about $60. But you will get... View More
Asked for a general warranty deed so I can transfer title. I do not want the property since there is a mortgage. Any repercussions doing this?
answered on Mar 23, 2024
Be careful!
I recommend getting a lawyer, or at least sitting with one to get all your options. You should find out how much is owed on the mortgage, and how much the house is worth.
I would like more info to give you solid advice. Do you have any siblings? Dead or alive? Do they... View More
Does the land deed then become the house deed as proof of ownership for the house and property?
answered on Mar 26, 2024
Yes. An improvement like a fixed-position home becomes a part of the land. A deed conveying the land also conveys the home. Just like when you buy a vacant parcel of land and build a home on it.
My dad wants to give the land and house to me to be my primary residence. What do we need to do transfer it to me
I had a water mitigation company come out tear down a very small portion of my ceiling, and had a few fans and 2 dehumidifiers running for four and half days, they are charging me $8K+ for the work, which I believe is outrageous, so I have repeatedly asked for an Itemized invoice, they have claimed... View More
answered on Mar 21, 2024
Unless your agreement with the water restoration company specifies that payment is conditioned upon receipt of a detailed itemized invoice, an itemized invoice is not a condition precedent to your obligation to pay for the service rendered.
In most situations like yours involving small... View More
My husband and I were married and have been living here for 10 yrs. We bought this house together but I found out that my name is not in the title when he died. We were living in this house when he died at the hospital and he left no will.
answered on Mar 19, 2024
The good news is that the property is yours until your death, automatically.
There can be a snag, if you had any children during the marriage. But, if you bought the property during the marriage, while you both lived in TX, and have no kids from the marriage, the property is yours alone.... View More
I have an rv to move to a portion of my land and run water from my well to the rv and a septic pipe to my sewer. I have two acres and had my water well and septic put in when I built my house. This property is unrestricted and in the country so we don't have to follow code. My neighbor said I... View More
The neighbor is also a business. It's in an unincorporated zone in Llano Tx, so there are no sign permits. The official property lines on the Land Title are like 3-4 ft off so everyone's lot is technically overlapping.
Because when I did the death by deed for my father for my son to get it the property we were both under the impression he would not get it till he's 21 because of the utma law but I'm told recently that does not apply.
answered on Mar 15, 2024
If by "utma" you mean the Uniform Transfer to Minors Act, it doesn't apply if the transfer is made directly to the minor and not to a custodian. I assume when you say "death by deed" that you're talking about a transfer on death deed. With those assumptions, and the... View More
Because when I did the death by deed for my father for my son to get it the property we were both under the impression he would not get it till he's 21 because of the utma law but I'm told recently that does not apply.
answered on Mar 12, 2024
In Texas, a minor can own property. A "transfer on death" deed (TODD) vests title in real property in the grantee upon the death of the grantor. The grantee's age is not a factor. So, for example, if your father owns a house, he could execute a TODD to your son that would transfer... View More
At this point? Does the individual who inherited the TODD inherit only 50% or the full 100%?
answered on Mar 11, 2024
If a wife was awarded 100% of the property upon divorce, her 100% interest passed to the grantee named in the ToDD upon her death.
While it would have been better for there to have been a special warranty deed from the husband to the wife at the time of divorce to remove the husband from... View More
I hired a contractor to fix my home after a Fire. He installed an HVAC System that the Ins company paid $18,000.00. THE STYSTEM WORKED FOR 3 WEEKS AND NOW THEY HAVE STOPPED ANSWERING MY CALLS. Can I put a lien against HIS Business? If so , whats the name of the LIEN that I need to file. PLease... View More
answered on Mar 11, 2024
No, there is no lien you can place against a contractor's business in this situation until you have first obtained a judgment in a civil lawsuit against the contractor.
If a new HVAC system was installed in your home, that system likely has a manufacturer's warranty. If the... View More
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