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Texas Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law, Foreclosure, Landlord - Tenant and Probate for Texas on
Q: My husband recently passed. I am not on the mortgage for the house. The bank is telling me I have 30 days to move. Help!
Terry Lynn Garrett
Terry Lynn Garrett answered on Sep 26, 2020

Are you on the deed? Have you filed to probate your husband's estate? Federal law prohibits a lender from foreclosing for six months after a court appoints someone to settle the estate.

1 Answer | Asked in Contracts and Real Estate Law for Texas on
Q: Three people purchased a home together. Two of three want use an agent to sell and third wants to sell by owner.

Does the third person need to agree to use the agent? This is a toxic living situation where all parties agree to go separate ways but one does not want to use a real estate agent.

Anthony M. Avery
Anthony M. Avery answered on Sep 24, 2020

If all tenants in common do not agree to sell property a certain way, then there is no sale. The possible sale price might make all three happy. But if no agreement, then any of them can file an Action for Partition. However the maximum sale price will probably not be realized by the Court.

1 Answer | Asked in Family Law and Real Estate Law for Texas on
Q: Our son,40 owns his home. His girlfriend of 1 yr, asks to move in to his house with 2 dogs. What are legal issues?

Our son, has bad allergies. He has a good computer job and works from his home. If he allows his girlfriend to move in, can he make her move out? What if he cannot get along with her and needs to end the relationship? What are legal issues?

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Sep 20, 2020

If son's girlfriend has no ownership interest in his house and is not on any lease agreement in connection with the house, he can have her evicted.

1 Answer | Asked in Real Estate Law and Agricultural Law for Texas on
Q: Bought a place in town had established fence lines neighbor shows me a map of his survey saying that I'm on his property

I had also already built a few structures greenhouse ect. into the spots in question

Anthony M. Avery
Anthony M. Avery answered on Sep 16, 2020

Usually the established fencing determines the boundary as both adjoining owners acquiesce to the boundary, regardless what their legal descriptions say. If your neighbor does not like your encroachments, it is up to him to file suit within the SOL. Hire a competent attorney to search both... Read more »

3 Answers | Asked in Estate Planning, Probate and Real Estate Law for Texas on
Q: If my grandmother decides to give her house to me, what do I need to do to go about this?
Terry Lynn Garrett
Terry Lynn Garrett answered on Sep 16, 2020

The best way for your grandmother to give her house to you is through a Transfer on Death or Lady Bird Deed. That way, if she ever needs Medicaid (and many of us will, especially if we have to go to a nursing home), the gift will not count against her in qualifying to receive it and the house will... Read more »

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1 Answer | Asked in Real Estate Law for Texas on
Q: No contract for home that I’m buying from a friend . Lived here for over 10 yrs and now I found out he sold months who.

Bought house from friend for $95k with 9% interest!!! Monthly payments $980. Lived here for 13 yrs. I have made repairs to home , he has made insurance claims and collected checks but only repaired some things. Told him we wanted to sale so he offered us $30k to walk away that’s after deducting... Read more »

Ricardo Guerra
Ricardo Guerra answered on Sep 14, 2020

Generally in Texas a sale of real property must be in writing to comply with what is called the statute of frauds. The statute of frauds is a long standing tradition stemming from old common law that protects against verbal allegations when it comes to certain types of legal transactions. This... Read more »

2 Answers | Asked in Real Estate Law for Texas on
Q: what type of Lawyer do I need if I want to file a partition suit on common-law community properties.

Lived together from 1967 to 1976 as Mr. and Mrs. Albert B. Prado. He fathered 3 children with me and have Birth certificates with his name as father. we bought two properties during that time and they are listed under both our names. He is ill, and he has sent me a certified letter with quick... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Sep 9, 2020

You would be best served by hiring an experienced real estate attorney.

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1 Answer | Asked in Family Law and Real Estate Law for Texas on
Q: Im going to be receiving my dads pension check soon ..do I need to sign it an my lawyer too or what's my next step ?
Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Sep 3, 2020

If you have a lawyer, you need to ask her or him.

1 Answer | Asked in Real Estate Law for Texas on
Q: grandparents left no will +how can i keep my parents property

but there more sibling but also want to sign over to youngest daughter

Anthony M. Avery
Anthony M. Avery answered on Aug 31, 2020

Hire a competent attorney to conduct a title search, then find a knowledgeable relative to execute an Affidavit of Heirship (which will be a recorded source of title). All the Heirs-At-Law owned the property as tenants in common on the last Grandparent's death. Now you need to put the world... Read more »

1 Answer | Asked in Family Law and Real Estate Law for Texas on
Q: Do I need an attorney to have property transferred to an heir from a family member who passed without a will in place?

My grandmother, Hazel, passed away in 2005 and did not have a will. She had one heir, Don (my dad). Don passed away in 2011 with a wife and 3 adult children. He didn't have a will either. 1 property in Hazel's name and 1 property in Don's name both need to be put into... Read more »

Anthony M. Avery
Anthony M. Avery answered on Aug 28, 2020

Hire a competent attorney to draft that very complicated Affidavit of Heirship. It is not simple, but recording a good one will establish the heirs source of title.

1 Answer | Asked in Real Estate Law for Texas on
Q: Land easement dispute. Am I crazy?

i have land with a 50 foot easement listed in the deed. 25 foot of which is my actual property and 25 foot is my neighbors. The neighbor has put a gate up across "his half" of the easement. He told me directly that that 25 foot of the easement is no longer an easement as he owns two... Read more »

Anthony M. Avery
Anthony M. Avery answered on Aug 19, 2020

Time is on his side, so he will never file the Trespass Charge, civilly or criminally. You need to hire a competent attorney to search the titles, generate witnesses, and file suit to declare your easement rights. Otherwise the easement will be effectively terminated.

1 Answer | Asked in Real Estate Law for Texas on
Q: Question about having two Grantees on a Deed

In Texas, If two Grantees are on a deed and it is written as person1 and/or person2, Can either of the Grantees later sell the property independently without the other available to sign.

Anthony M. Avery
Anthony M. Avery answered on Aug 18, 2020

No. You need a competent attorney to draft that Deed. Your proposed granting clause would really cloud the title.

2 Answers | Asked in Real Estate Law and Estate Planning for Texas on
Q: If 2 people, not related, buy a property together and then they both die, do their respective heirs co-own the property?
Terry Lynn Garrett
Terry Lynn Garrett answered on Aug 17, 2020

That depends on what the deeds say and what their Wills say.

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3 Answers | Asked in Contracts, Copyright, Criminal Law and Real Estate Law for Texas on
Q: texas penal code title 4 chapter 16 section 16.06 in "layman's
Grant St Julian III
Grant St Julian III answered on Aug 13, 2020

I am not sure of your exact question.

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1 Answer | Asked in Estate Planning and Real Estate Law for Texas on
Q: How does a joint estate get split up?

my grandfather passed in 2000, my grandmother passed in 2017. They purchased a joint home. They only have one child together but each of my grandparents had children from previous marriages. My grandfather has no will. My grandmother has a will that can still be probated. Is it 2 separate... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Aug 11, 2020

Each of your grandparents had a 50% community property interest in the home. When your grandfather died, your grandmother retained a life estate, which has now expired. Each of your grandfather's children inherits an equal fraction of his 50% community property interest. Your... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: How do I get my money from friend who passed on home we purchased and repaired . I paid for repairs .

Purchased a home with friend now deceased . I completed the home with repairs now the estate (her sister) does not want to give me the $ I spent for the repairs to put the home to for sale . I have all my invoices She ran out of money before she passed and I completed the renovation with my... Read more »

Anthony M. Avery
Anthony M. Avery answered on Aug 7, 2020

You probably need a competent attorney to file a Petition for a Sale For Partition.

1 Answer | Asked in Contracts, Land Use & Zoning and Real Estate Law for Texas on
Q: My boyfriend lived with me for a month during my lease of 1 year. Can i get in trouble with this after my lease is up?

He was not on the lease and lease ended a week ago. However, I have a roommate who threatened to tell the landlord about this. Because the lease is now over, could I actually get in trouble for this?

Matthew Scott Williams
Matthew Scott Williams answered on Aug 7, 2020

Most likely - No, you aren't in trouble. However, some lease agreement state that a guest can only stay for a specific amount of time before they must be added to the lease. Check the lease agreement to be sure.

I would do what I could to prevent the roommate from "telling"...
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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Texas on
Q: Can I build residential property on land near railroad tracks in Texas?

I was looking to buy a land property in texas but was told I could not build residential estate because said property was near railroad tracks. I cant seem to find any information in regards to this law and I would like more information.

Thank you.

Matthew Scott Williams
Matthew Scott Williams answered on Aug 7, 2020

While it's true that you cannot build a residential dwelling on land not catagorized or "zoned" for residential development, you can petition the municipal / city permitting authority for re-categorization / re-zoning.

Our firm has helped several clients in the Houston area...
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1 Answer | Asked in Real Estate Law and Energy, Oil and Gas for Texas on
Q: My Father was contacted by East Texas land and Cattle out of Texas about a month ago regarding suspense account money..

Suspense account is for unclaimed oil money/mineral rights is in a deceased aunts name, dead since 1988. He said that my Dad and his siblings are heirs and he just sent my dad a consulting agreement that says Dad will pay this company 10% of the gross money recovered. There is a section called... Read more »

Aimee Hess
Aimee Hess answered on Aug 7, 2020

You do not give the name of the company, but you are right to be wary of these come-ons. All the companies making these offers that I have run into are scams. You don't need to pay anyone to locate your aunt's mineral interests and get paid. First, go to the Texas Comptroller Website and... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: Title company says relative may have interest in a house I am selling (Texas) Name, age, or address unknown.Remedy?

Offspring of cousin who died over 35 years ago but may have had child with unknown person he was not married to. No one in the family has any more information but will not sign an affidavit of heirship because they do not want to sign legal statement when details are unknown. Title company will not... Read more »

Anthony M. Avery
Anthony M. Avery answered on Aug 4, 2020

If you cannot prove your source of title now as the sole owner, then get out of the contract you are in and sell the property to someone else. There is no such thing as a perfect Title. A Quiet Title Action will probably not help you. An Affidavit of Heirship should be sufficient, but you... Read more »

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