Texas Real Estate Law Questions & Answers

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...
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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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Q: can an appraisal district refuse a quitclaim deed that has been filed and paid for?

1 Answer | Asked in Real Estate Law for Texas on
Answered on Oct 15, 2015

Go to see a local real estate attorney about this.
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Q: Where does the fence belong per the law?

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

The answer depends on whether, under the law in your jurisdiction, adverse possession can be asserted even though the owner is aware that that owner's improvements (a fence, in this case) are encroaching upon the neighbor's property. In most jurisdictions, adverse possession doesn't apply under these circumstances, and the new owners would not prevail.
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Q: If two properties share a fence, which home owner is responsible for maintenance of the fence?

1 Answer | Asked in Real Estate Law for Texas on
Answered on Oct 7, 2015

Unless there is a covenant of some sort with the other property owner, or applicable building codes and the like, you have no responsibility to maintain the fence. Who told you that maintenance is your responsibility? I would ask that person to document that statement with a copy of any such covenant, contract, deed restriction, etc.
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Q: Am I liable for water pooling in neighbors yard due to grading of my yard?

1 Answer | Asked in Real Estate Law for Texas on
Answered on Sep 29, 2015

Did you comply with all local ordinances regarding construction? Get to a local real estate attorney for a full discussion about this problem.
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Q: We own (106 acres). The person we bought land from is no longer living Our deed says no manufactured housing

1 Answer | Asked in Real Estate Law for Texas on
Answered on Sep 26, 2015

What are the local zoning ordinances about this and have you spoken with a local real estate attorney to see if this is a valid restriction?
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Q: Do I have to pay on a residential lot the past due HOA dues that were prior to me inheriting the property?

1 Answer | Asked in Real Estate Law for Texas on
Answered on Sep 14, 2015

This is a complicated issue that should be handled by an attorney who is familiar with HOA law. There are many potential facts that the answer to your question depends upon. When you say there were no lien holders, do you mean that the HOA had not recorded an affidavit claiming delinquent assessments before the deed into your name was recorded? If there was not such an affidavit filed, this is a fact in your favor. Next, does the association require resale certificates for property that is...
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Q: A judgment declaring heirship was made giving 1/2 of home to my mother and 1/3 to myself, sis & brother.

1 Answer | Asked in Real Estate Law and Tax Law for Texas on
Answered on Sep 11, 2015

There is something wrong with your math: I think you mean that each of the children should have received 1/6 interest in the home.

Anyway, I don't believe we have the full story here. A court action for the property taxes would not, to my knowledge, result in a modification of the title once the taxes were paid. In other words, if the tax case started with you owning a fractional interest, and the taxes due were paid, you would still have the same fractional interest (1/6 for each...
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Q: How long after a property is off the market or listing contract ends before the owner can sell without paying commision?

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

You want advice about a contract without providing the contract to us. It cannot be done. Read the contract.
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Q: Not sure if my dad had a will I want to sell his house my sister lives in it?

1 Answer | Asked in Real Estate Law for Texas on
Answered on Aug 31, 2015

You need to seek the advice of a probate attorney in Edgewater, CO.
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Q: Hi, My mothers name is on the deed along with mine, she recently passed away, how do I get her off the deed? Thank you!

1 Answer | Asked in Real Estate Law for Texas on
Answered on Aug 28, 2015

It depends on how the deed is worded. If it is "[both names] as joint tenants with right of survivorship", that would be easier. Otherwise, you probably have to petition the probate court. Confer with an attorney in your state.
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Q: Ex-wife tried to re-fi house to her name but mortgage comp not cooperating. How do I get my name off deed?

1 Answer | Asked in Real Estate Law for Texas on
Answered on Aug 22, 2015

It appears that her daughter needs to file a probate petition with the court. It is only through probate will the property be transferred to the rightful heir. If this is done, the mortgage company will have no say in the matter of the transfer of title to the daughter (or whomever is the rightful heir).

As far as re-financing the house, the daughter (or whoever inherits it) probably should go to another bank or mortgage company, and avoid the runaround which this one gave you ex-wife.
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Q: What remedies do I have on non-disclosure of foundation defects by seller who is a beneficiary of deed in trust.

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

More information is needed to answer. A local real estate lawyer can review and advise.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to...
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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
Answered on Mar 7, 2015

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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