Texas Real Estate Law Questions & Answers

Q: Can I add my daughter as owner of my home in Texas with out her being on the mortgage?

1 Answer | Asked in Estate Planning and Real Estate Law for Texas on
Answered on Feb 17, 2017

When you say you want to add her as an owner I wonder what you are trying to accomplish. If this is a way to give her the house once you have passed, you can do so in a Will, with a transfer on death deed, or with a deed reserving an enhanced life estate for yourself, commonly called a ladybird deed. A typical mortgage will include a provision that if you deed the property to someone else without paying off the mortgage, you have defaulted on the mortgage and it can be foreclosed. You...
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Q: do recorded restrictions and covenants need to be refiled every ten years or is the term defined in the document

1 Answer | Asked in Real Estate Law for Texas on
Answered on Feb 17, 2017

I would check with a lawyer if you need to be absolutely sure, but it depends on the language of the covenant.

Here is an overview:

http://www.wcglaw.net/assets/docs/publications/Amend%20Modify%20Restrictive%20Covenants.pdf

Here is a flow chart that may be helpful:

http://www.houstontx.gov/planning/Neighborhood/docs_pdfs/restrictions_info.pdf
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Q: My mother and I were willed my grandmother's home.Whose passed. If we both are living there now, can she put out?

1 Answer | Asked in Real Estate Law and Probate for Texas on
Answered on Feb 17, 2017

If you and your mother were both willed the home, both your names should appear on the Distribution Deed filed with the county clerk of the county where the property is located. Either of you can file a Motion to Partition. This will either force the other to buy out the interest of the person filing or force a sale of the home with the proceeds of the sale payable to you both. You might want to see a local probate attorney.
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Q: My mother died 4 months ago, left no will. Her vacant house is behind 16+ pymts ($12,000+( now. Owed.) how to proceed?

1 Answer | Asked in Real Estate Law and Probate for Texas on
Answered on Feb 16, 2017

You can apply to the Probate Court to be appointed as the Administrator of the Estate. As the Administrator you can hold off the foreclosure, take whatever steps are necessary to get the property sold, then settle up with your mother's creditors and distribute her estate to her heirs.
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Q: Is my girlfriend entitled to half my property if it is still owed and she has contributed to payments and maintenance?

1 Answer | Asked in Real Estate Law, Arbitration / Mediation Law, Landlord - Tenant and Small Claims for Texas on
Answered on Feb 16, 2017

It sounds like the two of you could sort this out with a mediator's input. I doubt she will agree to anything if she is not paid back, at least in part, for any contributions she has made to the purchase or improvement of property.
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Q: Is there an attorney that i can use for mutiple reason.probate.realestate .workmanscomp.liscense .lawsuit

1 Answer | Asked in Estate Planning, Probate, Real Estate Law and Workers' Compensation for Texas on
Answered on Feb 15, 2017

It depends on the attorney. Some attorneys focus on multiple areas of the law, while others only focus on one or two. Good Luck.
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Q: We rebuilt a barbed wire fence and moved it a few feet because the neighbor didn't want to lose the trees.

1 Answer | Asked in Real Estate Law for Texas on
Answered on Feb 14, 2017

You could sell the land with the fence over onto the neighbor's land and disclose that fact prominently in your sale docs. But that raises the problem for the buyer of having his fence on his new neighbor's land and subject to his neighbor's good will about letting it remain there. (Still, if the buyer is willing to take the property under that condition, you could sell it that way).

You are on target with your idea of buying that strip from your neighbor, if the price is right. Then...
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Q: How do I prevent my neighbor from parking about a foot onto my driveway?

1 Answer | Asked in Real Estate Law for Texas on
Answered on Jan 27, 2017

You could call the cops. But as a neighbor who seems to be either blind or passive aggressive, you don't want him to get focused on you. Maybe ask around the neighborhood to find out what this person's angle is.
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Q: My brother was incarcerated and his wife sold their house and had her ex-husband Forge his name what can he do about it

1 Answer | Asked in Identity Theft, Real Estate Law and Criminal Law for Texas on
Answered on Jan 21, 2017

Forgery of a Deed or Mortgage is a State Jail Felony that should be reported to law enforcement.

Second, see a family law attorney about a divorce and the proper division of the marital assets.
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Q: My neighbor next door passed away and I would like to obtain the property.

1 Answer | Asked in Family Law and Real Estate Law for Texas on
Answered on Jan 13, 2017

She may not have title to the property unless it goes through probate, assuming she wasn't a joint tenant with her father. If she and her father were joint tenants with right of survivorship, she is now the sole owner and probate is probably not required. If her father was the sole owner -- or even if she was a co-owner but not a joint tenant -- probate almost certainly will be required to pass title to her so that she can sell to you. She can make a contract with you to sell the property...
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Q: Can I get my pre paid rent back (6 months) if I'm breaking lease due to domestic violence? I have a protective order.

1 Answer | Asked in Real Estate Law, Domestic Violence and Landlord - Tenant for Texas on
Answered on Jan 13, 2017

Only certain types of protective order give you the right to break a lease. This does not include a magistrate's EPO or a divorce TRO. The details are here in Texas Property Code 92.016 but that only really addresses whether or not you have to give 30 days notice and pay for it along with back rent. It doesn't really address prepaid rent. Hopefully you won't have to sue the landlord for that.
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Q: My brother is executer of father's will. The will never went probate. In the will my father stated he wants the

1 Answer | Asked in Real Estate Law and Probate for Texas on
Answered on Dec 23, 2016

While in theory title to the house could be transferred by an Affidavit of Heirship recorded with the clerk of the county where the property is located, the Will should be probated. Texas Estates Code 252.201 requires that a person who possesses a Will turn it over to the court clerk when informed of the death. Secreting or destroying a Will is a criminal offense.

If someone is refusing to do this, asking them or hiring a lawyer to ask them to do this will inevitably put you in...
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Q: How can I get a property that is in my grandfather and aunt's name into my name. They have passed, there was no will

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Texas on
Answered on Oct 13, 2016

If they had no debts other than those secured by real estate, you might use a Muniment of Title. This is much less expensive than a heirship proceeding. You will need the help of a probate lawyer.
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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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