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Texas Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Probate for Texas on
Q: If a home and property are purchased after a couple is married and the husband passes away does the son of the husband

Have any rights to money from selling the home and property if the son disowned the family and even went so far as to change his last name and had nothing to do with the family in the state of Texas

John Michael Frick
John Michael Frick
answered on May 15, 2024

If the son is not the child of both the husband and wife, and the husband has died without a Will, the husband's one-half interest in the community property home passes to the son and any other surviving children or descendants of the husband per stirpes. Texas Estate Code sec. 201.003(c).... View More

1 Answer | Asked in Real Estate Law for Texas on
Q: TCP 209.0057 what is a legit estimate of a POA of less than 2500 property owners to charge for a recount?

Our POA refused to produce the documents of TBC 22.158 prior to voting in the latest election on 5/11/2024. They also refuse to produce any documents even when properly requested through certified mail. Home owners are met with harassment and extra fees. A group of property owners want a recount of... View More

John Cucci Jr.
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answered on May 12, 2024

You are in a tough spot.

However, you have rights, by TX law, and by the by-laws and rules of the Association. Which can be attacked or dissolved, if you were to garner enough homeowner votes.

One way to gain some leverage is to sue the association for their actions that are not...
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1 Answer | Asked in Real Estate Law for Texas on
Q: My brother is incarcerated and they just sentenced him to 25 years he has land and homes and personal property that he w

Would like to have put in my mom's name how would we go about doing that?

Teri A. Walter
Teri A. Walter
answered on May 10, 2024

Land and anything permanently attached to the land is transferred by deed. However, if there is a mortgage on the property, transferring it will be a violation of the terms of the loan (Deed of Trust), so mom may have to refinance to get the property transferred. In addition, Mom may incur income... View More

1 Answer | Asked in Real Estate Law for Texas on
Q: Hi, Is my HOA by Texas law allowed to fine me without a prior notice or hearing? Please help me understand.

I have 2nd floor condo with a porch, I’m recently working with a contractor to remodel my bathroom with the HOAs knowledge. The work started on Saturday and the contractor left trash bags on my porch, they don’t work Sunday so they remove it Monday morning. I got an email from my HOA Monday... View More

Anthony M. Avery
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answered on May 8, 2024

If you bought a condominium then your ownership is subject to all kinds of rules. You should have at least read them before purchase. HOA issue fines and liens all the time, and rarely do you have an opportunity for a hearing. Nonpayment will result in foreclosure. You can hire a lawyer and... View More

2 Answers | Asked in Divorce, Real Estate Law and Family Law for Texas on
Q: During divorce do I need a quit claim on the house

We separated and while so, I purchased a house. She moved back in after losing her job and now we are divorcing. She has been quit adamant that she wants nothing to do with the house in any way. Should I still get a quit claim?

John Michael Frick
John Michael Frick
answered on May 6, 2024

Typically, as part of your divorce settlement, you would want a Special Warranty Deed to ensure that your wife's surrender of her community property interest is properly recorded in the Deed Records. A quit claim deed is usually used when someone does not have a clear interest in a parcel of... View More

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2 Answers | Asked in Divorce, Real Estate Law and Family Law for Texas on
Q: During divorce do I need a quit claim on the house

We separated and while so, I purchased a house. She moved back in after losing her job and now we are divorcing. She has been quit adamant that she wants nothing to do with the house in any way. Should I still get a quit claim?

James Clifton
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James Clifton
answered on May 3, 2024

During a divorce, it's generally advisable to address any property interests, including the house, to ensure clarity and protect your interests going forward. Even if your spouse has expressed that she wants nothing to do with the house, obtaining a quitclaim deed can help to formalize her... View More

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1 Answer | Asked in Real Estate Law for Texas on
Q: Can someone use a POA to sign over 100% of land from parents to just one of the siblings ?

My brother had my aunt Susan sign over 100% of my mothers land to just my brother without my knowledge. He just passed away and his son is his only heir and is selling the land without a probate, using an affidavit of heirship. I was told once that they couldn't do that, they had to give me my... View More

John Michael Frick
John Michael Frick
answered on May 2, 2024

If Aunt Susan was named as the attorney-in-fact for your mother in a POA signed by your mother and that POA gave Aunt Susan the power to dispose of real estate owned by your mother and Aunt Susan conveyed that real estate to your brother before your mother died, it would be a valid conveyance.... View More

1 Answer | Asked in Real Estate Law for Texas on
Q: Can I purchase a home in Texas without including my spouse or their debts. They are willing to sign a quit claim deed.

They are willing to sign quit claim or whatever necessary. Is there a work around to this or is it possible? We have separate accounts. I want to buy the home and apply for grants/assistance without his income, debt, or any involvement. He wants to claim to the home.

John Michael Frick
John Michael Frick
answered on Apr 29, 2024

Your husband's willingness to sign a quit claim deed is not the ideal solution. Instead, you and your husband should enter into a partition and exchange agreement confirming that the home you are purchasing is and will remain your sole and separate property and waiving all rights to... View More

1 Answer | Asked in Foreclosure and Real Estate Law for Texas on
Q: Getting out of a bad mortgage with little to no damage to credit.

My husband and I bought a house in 2022, we bought it while in a different state so we never saw it in person. They needed to fix the foundation before the sale could go through and when they did it caused a lot of damage to the house, plumbing was detached and ruined, the chimney detached and... View More

John Michael Frick
John Michael Frick
answered on Apr 26, 2024

Assuming your Lender is not the same person or entity as the Seller, your best strategy to avoid harming your credit is to sell the house "as-is" to an investor and pay off the mortgage. Given the problems you describe, you will likely lose much of your equity and may even have to pony... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Texas on
Q: Can a temporary administrator sell community property before separate property to pay deceased person debts?
Gratia "Grace" P. Schoemakers
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answered on Apr 24, 2024

It depends on what the order says. A Temporary Administrator is a very limited appointment, the order that appoints them will say exactly what they can do. If it is not listed they can not do it.

If you have questions as to what the order means, or you believe that the order was given...
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1 Answer | Asked in Tax Law and Real Estate Law for Texas on
Q: I own a piece of property overseas which was purchased by my mother and put in my name. Do I pay US taxes on the sale?

What tax if any am I obligated to pay to USA? I am a US citizen.

James L. Arrasmith
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answered on Apr 15, 2024

As a U.S. citizen, you are generally required to report and pay taxes on your worldwide income, including any capital gains from the sale of foreign property. However, the exact tax implications will depend on several factors:

1. Capital gains tax: If you sell the property for more than its...
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1 Answer | Asked in Criminal Law, Family Law and Real Estate Law for Texas on
Q: My question is how can i fix and hold acountable for a fraud that my stepdad committed and filed with the Bexar County.

I have NO Knowledge of these two loans he filed against me none whatsoever the only way I found these is that he's going through a personal divorce with his wife and I Looked up my mom's house and I found these two file numbers with my name on 'em again against me from him using my... View More

Anthony M. Avery
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answered on Apr 15, 2024

Initially you need to hire a TX attorney to search that title. Just looking on the internet is only a start. If you are going to file suit to set aside fraudulent encumbrances, then you will need to know the title and the liens verbatim. If actual forged instruments were recorded, then a... View More

1 Answer | Asked in Real Estate Law and Family Law for Texas on
Q: My husband's Mother wants him to sign our land over to him without my consent. Can they do that?

His Mother owned the property over 7 years ago. She signed the land and house over to him before we moved onto the property. We moved our mobile home onto the land and built onto it. It is not movable any more. This is our homestead. We have lived here with the land in my husband's name, our... View More

John Michael Frick
John Michael Frick
answered on Apr 11, 2024

Yes, they can do that. Because his mother signed it over to your husband as a gift, the land and house became his separate property which is subject to his sole management and control. He does not need your permission to gift his separate property back to his mother.

You can, of course,...
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3 Answers | Asked in Real Estate Law, Tax Law, Collections and Landlord - Tenant for Texas on
Q: Can a judgement be filed against an heir that doesn’t reimburse their share of property taxes to the paying heir?

Texas; Want to pay taxes before county seizes the property. Heir who is refusing to pay is squatting in the house. (There’s a court order for back rent, etc. that hasn’t been paid either. House has no offers because of disrepair/won’t appraise.

James L. Arrasmith
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answered on Apr 11, 2024

In Texas, if one heir is paying the property taxes on a jointly owned property while another heir is not contributing their share, the paying heir may have legal options to recover the unpaid amounts. Here are a few potential avenues:

1. Partition lawsuit: The paying heir can file a...
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1 Answer | Asked in Real Estate Law and Probate for Texas on
Q: Does a handwritten will in TX allow assets to go to the spouse without being probated if that is what it stipulates?

The spouse is selling the house but title is saying that the deceased’s 2 adult children have to get half the proceeds from the sale since the will wasn’t probated unless they sign off not receive any of the proceeds. He had his body donated to science so the spouse said the probated will... View More

John Michael Frick
John Michael Frick
answered on Apr 9, 2024

Unless and until a Will is probated, it is not effective to transfer assets from a deceased person to his/her heirs. It doesn't matter if the Will is a handwritten (in legal terminology, that is called a "holographic" Will) or typewritten/word processed with all the formalities.... View More

1 Answer | Asked in Real Estate Law for Texas on
Q: Can u get a deed in ur name if u have a bill of sail and the deed but the owner does before the title was transferred?
John Michael Frick
John Michael Frick
answered on Apr 8, 2024

At any time, you can get the Seller to provide to you a deed for real property you have purchased. Typically, a "bill of sale" is not prepared in connection with the sale of real property. The Seller signing the deed and delivering it to you transfers title, but recording the deed in... View More

1 Answer | Asked in Real Estate Law for Texas on
Q: Is it possible to cancel a real estate listing contract with an agent after we decide to not sell home that's an estate?

I am selling a home that is part of my late father's estate. We entered into a listing contract with an agent, however, a short time later one of the siblings decided to keep the home as his portion of the estate. Is it possible to cancel that contract without owing the agent a full comission?

John Michael Frick
John Michael Frick
answered on Apr 5, 2024

It depends on the language of your contract. Presumably, since the home is part of your late father's estate, you have been appointed as the personal representative of the estate and entered into the listing agreement in that capacity. If so, depending on the language of the listing... View More

1 Answer | Asked in Real Estate Law for Texas on
Q: my house is 50 years oil and also the fence the property was brought by someone he is demanding i move my fence . do i

do i have to move fence been told that texas law adverse procession says i do not have move it we mow and matain this 4 foot stretch

John Michael Frick
John Michael Frick
answered on Apr 2, 2024

It depends upon the nature of the fence. Under Texas law, there are two kinds of fences: “casual fences” and fences that “designedly enclose” an area. Courts have repeatedly found that maintenance of a casual fence does not create a designed enclosure, nor does it begin the running of the... View More

1 Answer | Asked in Landlord - Tenant, Probate and Real Estate Law for Texas on
Q: I am living in a home owners both died, in court over property rights utilities my name, 90days occupied. Gt CTed legal?

I found all the paperwork the deed the title and the living will of the previous owners that are deceased we have made improvements to the property and they've had no problem out of us all of a sudden we got ct'd even though all the bills are in our name they told us to move out... View More

James L. Arrasmith
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answered on Apr 1, 2024

Based on the information you've provided, it sounds like you are dealing with a complex legal situation involving property rights and occupancy after the homeowners' deaths. While I can provide some general information, it's important to note that laws can vary by jurisdiction, so... View More

1 Answer | Asked in Estate Planning, Real Estate Law, Libel & Slander and Probate for Texas on
Q: Our parents died 37 hours apart in 2018. Their will was basic and simple just naming the other as beneficiary.

My then new born brother was named the executor. 67 years later both parents passed within 37 hours. Our mother was mentally incapacitated. My brother began his role as executor even though he had a long history of drug abuse, had been batteling cancer for 7 years in poor health. The farm was... View More

Ronald Lee Baranski Jr
Ronald Lee Baranski Jr
answered on Apr 1, 2024

I'm sorry for your loss, In Texas a Will must be submitted for probate within 4 years unless the applicant can show a valid reason as to why it was delayed. Here there was no probate. I would be interested in how the brother divided anything if it involved real property. Though he could write... View More

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