Texas Real Estate Law Questions & Answers

Q: My husband died and did not leave a will. Question is we was married for 5 years. He had a mortgage before we were

1 Answer | Asked in Real Estate Law for Texas on Mar 4, 2015

Answered on Mar 7, 2015

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Nancy Hui's answer
Based on what you described, the house is a separate property since it was bought before marriage. The fact that community fund was used to pay off the mortgage does not give rise to converting it into community property. However, you, as a surviving spouse, may have a claim to his estate for your share of the community fund that was used to pay off the mortgage.

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Q: The house I live in is in an estate, can I have the title transferred into my name . I have paid the taxes for 14 years

1 Answer | Asked in Real Estate Law for Texas on Feb 17, 2015

Answered on Feb 18, 2015

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Nancy Hui's answer
I assume you mean the title is in the estate of a deceased. In that case, title of the house can only be transferred to the heir of the estate. Is there a will? If there is one, then you need to look at the will and see to whom the deceased gave the house to. If there is no will, then someone will have to ask the court to determine who is the proper heir to this house based on the state law. Just living In the house and paying taxes do not give you the legal ownership. If it is determined that...

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Q: I purchased a house when I was single. I am now married and my spouse is not and has never been a resident of tx. Can I

1 Answer | Asked in Real Estate Law for Texas on Feb 5, 2015

Answered on Feb 10, 2015

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Nancy Hui's answer
The fact that your spouse is not a TX resident has no bearing to the answer. the fact thar you bought the house while you were single means it is your separate prioerty. Your spouse therefore has no say in selling the house. However, if you have used community fund to pay for another related to the house, eg. Repairs, mortgages, furniture etc, then spouse has a claim on his share of fund that was spent in the house.

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Q: Can I file a Muniment of Title witout a Lawyer? Can you walk me though the process?

1 Answer | Asked in Real Estate Law for Texas on Feb 10, 2015

Answered on Feb 10, 2015

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Nancy Hui's answer
Don't think so. It is consider practice of law. If you are not a licensed attorney, you will have committed unlicensed practice of law by probating a will as muniment of title. You will need to hire an attorney to represent you.

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Q: can my father's wife sell joint property he died without a will

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

Answered on Jan 13, 2015

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Nancy Hui's answer
She (or you) will need to initiate some sort of probate proceedings to settle his estate before any assets can be sold. The exact nature of the proceeding will depend on the type of assets (e.g. separate, marital, real or person, if there is any right of survivorship etc), family situation and goals of the family. You should consult with a probate attorney to get answers to your specific situation.

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Q: My grandmother died, and the will was never probated. The house/land are just sitting. Can I take Ownership?

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

Answered on Jan 11, 2015

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Nancy Hui's answer
If there is a will, then the will should be probated so title can pass to the beneficiary according to the will. You can't just say you want it and then it becomes yours. You need to contact a probate attorney (not real estate attorney) to start the process. The longer you wait, the bigger a mess it will become if no one is taking care of the property.

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Q: 4 siblings own 25% of grandfathers properties and 2 people want to sell, what can my dad do to not sell?

1 Answer | Asked in Real Estate Law for Texas on Jan 6, 2015

Answered on Jan 7, 2015

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Nancy Hui's answer
He can offer to buy out the other 3 siblings shares. Otherwise the siblings can go to court and ask for a force sale. As for what price to pay, that will be something that he should negotiate with the sellers. It is not something set by the laws.

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Q: My MIL willed her house to my husband. He as owned it for over 20 years but never properly registered it with the county

1 Answer | Asked in Real Estate Law for Texas on Jan 6, 2015

Answered on Jan 7, 2015

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Nancy Hui's answer
I can't say for sure who the true owner of the property is without looking at all the documents. You should contact an attorney to discuss the case. As for whether your signature is needed to sell the property, a short answer is no because inherited assets are personal properties (instead of marital properties) even though the person is married. So your husband was the sole owner of the property before he sold it. He did not need your signature to effectuate the sale.

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Q: My mom passed away 5 years ago without a will how can I put the house in my name? I live in the house and I pay the taxe

1 Answer | Asked in Real Estate Law for Texas on Dec 21, 2014

Answered on Dec 27, 2014

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Nancy Hui's answer
Just living in the house or paying taxes does not give you the right to ownership of the house. If the house is in your mother's name, you will likely have to go through probate to get her property passed down to her heirs. It may be you, or it may not be your. At least not entirely. You need to discuss your case with a probate attorney.

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Q: M-I-L transferred title on her home to my husband. He died without a will. Can I transfer ownership back to her?

1 Answer | Asked in Real Estate Law for Texas on Nov 10, 2014

Answered on Nov 10, 2014

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Nancy Hui's answer
What you described is that your mother In law has the life estate and your husband has the remainderman interest. You have to see how the deed is written. It may say who is the successor remainderman if your husband does not survive her. But regardless, you do not have the authority to deed it back to your mother in law because there is never any interest passed down to you.

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Q: mom passed away left sis and I 50/50 homestead and a rent house I don't want to keep paying taxes on rental can I sell ?

1 Answer | Asked in Real Estate Law for Texas on Oct 3, 2014

Answered on Oct 6, 2014

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Nancy Hui's answer
If you and your sister are co-owners of the house, both of you have to agree to sell. If she does not agree, you will have to file a motion to the court for partition. You have to hire an attorney to do that for you. It is not a DIY project. You may also want to see if your sister agrees to buy you out. That way you don't need to go through the partition.

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Q: Spouse is illegal resident can we still purchase a home?

1 Answer | Asked in Real Estate Law for Texas on Jul 14, 2014

Answered on Jul 14, 2014

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Adam Martinez's answer
Yes. There is no requirement in Arizona that requires parties to be legal residents in order to purchase a home. However, if you are applying for a loan to purchase the property, then the lender may impose certain conditions before extending a loan. If you do not understand your mortgage representatives explanation of your lender's requirements, you may want to seek explanations from other mortgage brokers or agents.

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Q: How do we transfer a name to the buyer when an agreement to Sell Real Estate has been signed?

1 Answer | Asked in Real Estate Law for Texas on Jul 1, 2014

Answered on Jul 1, 2014

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Charles Snyderman's answer
Transfer of ownership is accomplished with a Deed signed by the owner. I recommend that you retain an attorney to help you with this. There's more to it than just signing the Deed.

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Q: When a deed to a house is in both names of a married couple(not rights of survivorship) and one spouse dies, who owns?

1 Answer | Asked in Real Estate Law for Texas on May 27, 2014

Answered on May 27, 2014

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Charles Snyderman's answer
You state that there was not rights of survivorship. Does the Deed state that the 2 owners who are named are husband and wife?

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Q: I am the seller; appraisal is $6k less. Can I give the buyer a timeframe to make a decision? Can I terminate?

1 Answer | Asked in Real Estate Law for Texas on May 23, 2014

Answered on May 26, 2014

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Charles Snyderman's answer
The answer depends on the language in the agreement of sale.

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Q: Is there a way to cancel a contract for sale of a home by the seller once a contract has been signed

1 Answer | Asked in Real Estate Law for Texas on May 17, 2014

Answered on May 19, 2014

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Charles Snyderman's answer
An agreement of sale for a home usually contains certain contingencies, such as mortgage financing, home inspection, pest inspection, etc. If any of these contingencies is not met, the contract can be cancelled at the option of a party or may even become automatically null and void. Check the terms of the contract. However, if all contingencies are met, neither party can cancel without the consent of the other party.

Despite the above information, almost anything can be negotiated. It...

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Q: Is the Lien holder liable for property taxes if the buyer fails to pay them?

1 Answer | Asked in Real Estate Law for Texas on Mar 3, 2014

Answered on Mar 8, 2014

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Edward J. Kazaleh's answer
Generally, No. That is not saying that the contracts among the parties could not make them liable if it was all agreed to. If you are asking if the taxing entity will go after you, they will only go after the property itself if it remains unpaid long enough to become a tax lawsuit.

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Q: I own two lots in travis county in Austin's etj. I want to build over the the common lot line. Can I?

1 Answer | Asked in Real Estate Law for Texas on Oct 17, 2013

Answered on Feb 26, 2014

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Edward J. Kazaleh's answer
Yes. Much easier than before now. There is a simple process for you to re-plat the lots if you are not in a restricted subdivision. Just go to the Travis County Engineers office or contact a lawyer.

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Q: I own a lot that someone has been using as drive thru to new construction next to my property without my permission.

1 Answer | Asked in Real Estate Law for Texas on Nov 11, 2013

Answered on Feb 26, 2014

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Edward J. Kazaleh's answer
You really should act fast to be try to be sure that the use does not establish a prescriptive easement over your land giving them legal rights and diminishing your properties value. Hopefully, that did not happen before you bought it.

You should sit down and have an Attorney evaluate the situation as soon as possible. We offer a no fee initial consultation by email or phone, or if you are local one of our offices, in person.

Edward Kazaleh

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