Texas Real Estate Law Questions & Answers

Q: If the home is in my husbands name with his ex wife will she get the house if he dies? In the will he gives it to me.

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Texas on
Answered on Sep 19, 2016

That depends on his divorce decree. At the very least, you would get the 50% interest. But a probate lawyer would need to review the divorce decree to know with 100% certainty who gets what.
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Q: If you sell real estate on a rent to purchase basis and the purchases become unable to pay. What is your recourse

1 Answer | Asked in Contracts and Real Estate Law for Texas on
Answered on Sep 19, 2016

Depending on how the agreement is structured (which can be very tricky), the purchaser become tenant, not a purchaser. It's best to have this one reviewed by a real estate lawyer for a full answer on all your options.
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Q: What do I do if manager of my apts refuses to fix leaking ceiling proper & won't give landlord info to file small claim

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Texas on
Answered on Sep 19, 2016

The county appraisal district likely has the information, which is typically online and searchable by address. That will give you the entity that owns the building and is responsible for repairs. Then the Texas Comptroller's website will have information on that entity name, such as the Registered Agent and Registered Agent's address (where the entity should be served).
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Q: Can an incompetent person legally give his land away?

1 Answer | Asked in Contracts and Real Estate Law for Texas on
Answered on Sep 19, 2016

A person must have capacity at the time of signing the contract and the deed in order to convey real property.
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Q: I have to get the original copy of the will which my sister has. The problem is, she won't give it to me, what do i do ?

1 Answer | Asked in Real Estate Law and Probate for Texas on
Answered on Sep 19, 2016

The original Will is needed for probate. However, a copy of the Will can be probated. I'm not sure why the Title Company would want an original, especially if there was a probate (as the court would have the original). The Title Company would need the executor's signature on a deed transferring the property to you (which should have been done already).
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Q: Whats the minimum time an unauthorized roomate has to leave when told by the land owner.

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Landlord - Tenant for Texas on
Answered on Sep 19, 2016

Unless the lease states otherwise, the minimum in Texas is a 3 Day Notice to Vacate. Certainly, if you're not out by end of the 30 Day period, any eviction the landlord files will include you as well.

However, it sounds as if the landlord is merely terminating the lease due to her insurance being terminated. The general rule to terminate a lease in Texas is 30 days, unless the lease states differently. There really isn't much you can do about the lease termination. As long as the lease...
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Q: I owe to the HOA but foreclosure is not in the bylaws. How can I satisfy the balance on the mortgage and move?

1 Answer | Asked in Real Estate Law and Foreclosure for Texas on
Answered on Sep 19, 2016

Breaking even will depend on the amount remaining in mortgage debt, the amount owed to the HOA, and the purchase price. The HOA and mortgage will need to be paid off at the time of any sale or before.
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Q: My husband died I was served with eviction papers by the 66 % part owner my husband is 34% owner can I be evicted?

1 Answer | Asked in Real Estate Law, Probate and Landlord - Tenant for Texas on
Answered on Aug 31, 2016

I am sorry your husband died and you are now having to face another major issue. Typically this would mean you have a life estate or more commonly known as the right to live there until you die. You must still share in responsibility of upkeep, taxes, insurance, mortgage, etc. I suggest consulting with a lawyer for a private conversation that pertains to your particular facts. Best wishes.
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Q: Sisters inherit 3 lots from parents. One wants to sell, the other doesn't. What happens if half of taxes not paid?

1 Answer | Asked in Real Estate Law, Tax Law and Probate for Texas on
Answered on Aug 31, 2016

For an inheritance to be valid it must be recognized by the Probate Court with jurisdiction over the estate, I cannot tell from your question whether this has actually been probated and there is an Executor in charge. Just because someone dies with or without a will it does not automatically pass (that happens in trust estates - equally complex area) to the heirs of that person or to the ones named as beneficiaries. Let's say there is an administrator/executor - then that person has a...
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Q: Does my mother in law forfeit her right to live in the house if she moves out of the house?

1 Answer | Asked in Probate and Real Estate Law for Texas on
Answered on Aug 3, 2016

This is a month late; however, your husband needs to ask the attorney assisting him if he has the right to sell.
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Q: My mom passed 3 yrs ago. I pay the taxes but have not put the property in my name. what do I need to put it in my name?

1 Answer | Asked in Real Estate Law and Probate for Texas on
Answered on Aug 3, 2016

You've posted this in Texas; however, it's not clear that this is where the property is, whether your mom lived here, or if there was a will, etc. Please contact a probate attorney for a detailed consultation. Generally, paying taxes does not entitle one to put the property in their name.
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Q: Do my stepbrother have right to the house? our parents were married his mother passed now my father passed.

1 Answer | Asked in Estate Planning, Family Law, Probate and Real Estate Law for Texas on
Answered on Jun 20, 2016

I'm sorry for the loss of your father. Did your stepmother have a will? If not, it may be possible that all of her share goes to her child, i.e. 100% of her 1/2 in the house (providing house was bought during the marriage). It also depends on how long ago and other factors,. It's best to consult with a probate attorney personally instead of seeking a definitive answer on this (or any other) forum. Best wishes.
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Q: Please explain what signing a waiver( chapter 308 section A) pertaining my Dads will means and if it takes anything away

1 Answer | Asked in Family Law, Estate Planning, Probate and Real Estate Law for Texas on
Answered on Jun 7, 2016

I'm sorry for the loss of your dad. You've asked a lot of questions here and my advice is to contact a probate lawyer in your area for a free consultation. Generally, signing a waiver is either acknowledging you received notice of the probate and a copy of the will, although some waivers say that you have received all the things from the estate you were supposed to. It's best to go over this in person as you'll receive more accurate information. All my best - Tammy L. Wincott
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Q: My Father and Mother are deceased their home is on my property what rights do I have?

1 Answer | Asked in Probate and Real Estate Law for Texas on
Answered on May 5, 2016

Please go see a probate attorney in your area to get valid advice for your personal situation. I'm sorry for the loss of your parents.
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Q: How do I transfer a percentage of my property interest to my spouse on property I inherited through probate?

1 Answer | Asked in Probate and Real Estate Law for Texas on
Answered on May 5, 2016

It sounds like you will need a general warranty deed; however, it's difficult to say without looking at your situation more closely. You may also check with the bank that he seeks the loan from. There are many attorneys that will give you good legal advice and prepare the necessary deed at a reasonable price.
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Q: Executorship of my Aunt's estate passed to my deceased father. How do we pass ownership of her home to her kids?

1 Answer | Asked in Probate and Real Estate Law for Texas on
Answered on May 5, 2016

I'm sorry about all of the health troubles and then the flooding. I'm not clear if the estate was ever in court for probate where your father or brother were named by the Judge as executor. If this isn't the case then an affidavit of heirship proceeding may be needed; however, it sound like other issues are present as well. I suggest you seek a free consultation with an attorney that can give you the correct advice. Stay safe.
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Q: Can a contract be enforced if the seller states he was under the influence?

1 Answer | Asked in Real Estate Law, Securities Law, Sexual Harassment and Small Claims for Texas on
Answered on Apr 7, 2016

It is difficult to give an accurate answer to this question without knowing all the details of your case. Generally, for example, a person may argue that a contract is voidable because he did not have the capacity or legal ability to enter the contract due to being under the influence of drugs or intoxication. However, it is usually a very high standard requiring the person to prove that he did not understand the nature of the agreement that he signed. I hope this answer is not coming too...

Q: i believe my neighbor has built a barn and corral on my property, what is my course of action?

1 Answer | Asked in Real Estate Law for Texas on
Answered on Nov 12, 2015

Go see a local real estate attorney for a full discussion about this.
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Q: Can my Texas home be used as collateral for SBA loan? Or is it protected by Homestead exemption?

1 Answer | Asked in Real Estate Law for Texas on
Answered on Nov 9, 2015

You may be able to waive the exemption.
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Q: Do I have a case if any kind if I believe I was sold a home strucurally defective?

1 Answer | Asked in Real Estate Law for Texas on
Answered on Oct 27, 2015

Possibly. You should consult an attorney immediately, because (since it's been some five years), a statute of limitations may be coming up soon.
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