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Texas Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Texas on
Q: How can someone sign a warranty deed after divorce 2015/2016 and 2022 getting half of the sale from the house?

The house was in my ex husbands name only, but yet one piece of paper was signed as married couple even though he was divorced from his second wife.

I don’t understand how she was still able to be part of the sale after signing a warranty deed.

He signed the papers in may 2022... View More

Anthony M. Avery
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answered on Jun 17, 2024

As an ex spouse you have no standing nor interest in this matter. If you have children by the Deceased, then they might be heirs and need to hire a TX lawyer to quiet title in themselves. Many title companies will have spouses sign deeds even though they have no interest except if the other... View More

2 Answers | Asked in Real Estate Law for Texas on
Q: How long do you have to wait to file a Adverse Possession after a parent has passed and there was not a will.

The land we have lived on for over 40 years is still in the grandmothers name and the other siblings are trying to sell it. We have paid the taxes on it since the death of his father, except for maybe one year. One of our daughters also live on the property. We have cattle on the 25 acres also.

Alisha Melvin
Alisha Melvin
answered on Jun 13, 2024

Adverse possession has many requirements to fulfill in order to claim. Hostile is one of those elements which means against the right of the true owner and without permission. Based on your question it sounds like you may have an ownership interest. It I am reading this correctly that would mean... View More

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2 Answers | Asked in Real Estate Law for Texas on
Q: How long do you have to wait to file a Adverse Possession after a parent has passed and there was not a will.

The land we have lived on for over 40 years is still in the grandmothers name and the other siblings are trying to sell it. We have paid the taxes on it since the death of his father, except for maybe one year. One of our daughters also live on the property. We have cattle on the 25 acres also.

John Michael Frick
John Michael Frick
answered on Jun 13, 2024

I agree with Alisha. It sounds like you are an heir of your grandmother and that you may be a co-owner by inheritance of the property. The law refers to this as "tenants in common" meaning that more than one person owns the land. In that situation, any or all of the owners have the... View More

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1 Answer | Asked in Contracts, Real Estate Law, Tax Law and Banking for Texas on
Q: if someone doesn't get notified about a death or a court order or get any of the notices due to everyones agreed not to

like information on DNA or real parents or being part of DoD research in hawaii 68 thru 75 to present and not by choice

James L. Arrasmith
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answered on Jun 11, 2024

I understand this is a very difficult and painful situation. If someone was subjected to research without their knowledge or consent, especially as a child, that is a terrible violation of their rights. Not being informed about important life events like the death of a family member or court... View More

1 Answer | Asked in Probate, Estate Planning and Real Estate Law for Texas on
Q: Probate in TX has an expiration of 4 years. Does that include entire process from start to finish legally?

My Brother's (ages 18 & 26) Father died in May 2021. The home is paid off, but everything is in their deceased Father's name. Vehicles, Property,Bills etc... my brother was told he needs to get Probate taken care of in order to have everything transfered in his name. What are the... View More

John Cucci Jr.
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answered on Jun 5, 2024

There are some issues that need to be addressed. There is a 3 year time limit on filing for a Probate or Administration for an Estate in TX.

Since there was NO WILL, there MUST be an Administration filed to establish an Estate and to administer the same. An Administration is filed when...
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1 Answer | Asked in Family Law and Real Estate Law for Texas on
Q: If my spouse pays the mortgage on the house that I own , does he have any claim as to ownership in TX?

We live in the house that I own from a previous marriage.

James Clifton
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James Clifton
answered on Jun 5, 2024

In Texas, property acquired before marriage is generally considered separate property, while property acquired during the marriage is presumed to be community property. However, the situation can become more complex if community funds are used to pay for the mortgage or improve the property.... View More

1 Answer | Asked in Real Estate Law for Texas on
Q: I would like to know if I am legally bound to continue a seller financing sale. I am the seller and I’ve changed my mind

I realize that I am bound by the sales contract to sell the property however I would like to back out of the financing segment. The buyer is telling me I am required to fulfill the financing obligation because I signed a document stating that I had seven days to review his credit which has elapsed.... View More

James Clifton
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James Clifton
answered on Jun 3, 2024

It will depend on what the document says. However, if you agreed to something in writing, you are bound by the terms of the document that you signed under contract law unless there is a legal justification for you to not perform. Some examples of legal justifications to not perform under the terms... View More

1 Answer | Asked in Real Estate Law for Texas on
Q: In Texas, how do I obtain a Deed once the taxes have been paid? With Right of Redemption, property has to be returned?

If Taxes are Paid in Texas prior to a Tax Foreclosure, how is the Deed obtained?

John Michael Frick
John Michael Frick
answered on May 28, 2024

Merely paying property taxes does not convey ownership rights in real property to the person making the payment. If you reached an agreement with the owner whereby he/she would convey ownership to you if you paid the property taxes to avoid a tax foreclosure, you should provide evidence of payment... View More

1 Answer | Asked in Real Estate Law for Texas on
Q: Is it illegal for neighbors to throw large limbs from my fallen tree that was knocked down in a storm over the fence?

After the major Derecho storm that passed through Houston last week, one of my trees fell on top of the power lines and my privacy fence in the backyard. We waited many days for the power company to come and remove the tree so they could restore power. As soon as they were done the neighbors... View More

John Michael Frick
John Michael Frick
answered on May 28, 2024

No, it is not illegal.

If the branches fell into their yard from your tree, one would think that you would have promptly made arrangements to have the large limbs removed from their yard. Sending a cease and desist letter for something so trivial likely would heighten, rather than lessen,...
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1 Answer | Asked in Real Estate Law for Texas on
Q: I am being harassed by the yes community because I won't purchase the home

It's gotten worse over the last couple of weeks since I told them no and the manager told me that if I want them to leave me alone I need to but the house

James L. Arrasmith
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answered on May 27, 2024

Facing harassment from the YES community because you won't purchase a home is a difficult situation. It's especially troubling that the manager suggested buying the house as a way to stop the harassment. This kind of behavior is unacceptable and could be illegal.

Start by...
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1 Answer | Asked in Real Estate Law and Civil Litigation for Texas on
Q: Filing a partition suit in Burnet Texas? X husband and I own a house in Burnet County. X husband is getting all rent

He won’t pay me the 50 percent of property we bought ten years ago. Any suggestions? I was told to file a “partition suit “ my email: bstommel@icloud.com

John Cucci Jr.
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answered on May 21, 2024

Your question says nothing about whether or not, you are getting divorced.

If no, then you have a problem.

If yes, or you already are divorced, then you can sue for your 50%, and an accounting, for immediate relief, and ask for partition or sale of the property, and split the...
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1 Answer | Asked in Real Estate Law and Probate for Texas on
Q: I've recently found tax liens in my name and have never been notified of property I own. How do I find it?

I do not know who my biological father is and supposedly been left and inheritance of property and home or commercial property and business. I owe taxes for these and have no clue where they are or what exactly are the tax lien is against. Regardless the taxes are owed and in my name. How to find... View More

John Michael Frick
John Michael Frick
answered on May 20, 2024

If they are property tax liens, the liens themselves will identify where the property is located. At very least, they will identify the taxing authorities to which the taxes are owed, for example the name of the county, name of the city, and/or name of the school district. You can then search... View More

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
PREMIUM
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

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