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Texas Real Estate Law Questions & Answers

1 Answer | Asked in Civil Rights, Family Law and Real Estate Law for Texas on

Q: How do I get an ex bf to leave my house? Everything under my name.

When we broke up years ago(when my oldest was about 2- now 6) I put him on child support. I bought this house(2015), his name is not on anything and does not pay. He claims because he pays child support he pays “rent” to live here. (95% if not more of child support goes to daycare) Therefore,... Read more »

Rahlita D. Thornton answered on Jun 16, 2019

You need to file for divorce and request a temporary hearing. There you can discuss the issues that you have. If you were married when you purchased the home then it is legally his as well. That date was not provided. Your best bet it to get a divorce attorney to assist you. Let us know if we... Read more »

1 Answer | Asked in Real Estate Law for Texas on

Q: I am the owner well actually it is in a trust. If I owner finance a condo which party pays HOA, taxes and insurance?

Tammy Lyn Wincott answered on Jun 12, 2019

I don't understand the question. Are you the Trustee trying to sell an asset in the trust under a finance agreement? You should review your trust documents carefully to see if this is a valid route to take.

2 Answers | Asked in Real Estate Law, Estate Planning and Probate for Texas on

Q: hi what kind of lawyer can help with getting a land deed into my name ?

The land is in Atascosa County and should be in my mother's name and other siblings , but i found out it is in my aunts and cousin names. The property was known as the Arthur Gamble survey and was initially in my great grandfathers name, Mauricio Sanchez. Then he passed away and the siblings never... Read more »

Tammy Lyn Wincott answered on Jun 11, 2019

I suggest meeting with a probate attorney who is familiar with real estate to review the documents in person. Land transfers to heirs if there is no will. It would not be in every single person's name, only those living and descendants of those that were living at his death and later died. It... Read more »

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1 Answer | Asked in Real Estate Law for Texas on

Q: I own my house in pa is a handwritten noterized paper legal

Tammy Lyn Wincott answered on Jun 11, 2019

Please clarify your question as it's not clear what you are asking.

1 Answer | Asked in Real Estate Law and Probate for Texas on

Q: My mom passed in 2016 my sister still lives in the house and it's still in probate since 2016 is this legal? No will

My sister in another state is the executor.

Tammy Lyn Wincott answered on Jun 5, 2019

I suggest you contact a probate attorney and go over the specific facts of the case. Sometimes people say the estate is still in probate if the heirs haven't been given anything; however, "in probate" means there has to be an actual court case pending.

1 Answer | Asked in Real Estate Law for Texas on

Q: My husband doesn’t want to be on the deed to our house. Is there anyway this is possible because we are married?

We are buying a house and he wants his name kept off the deed. We are in Texas and everything is 50/50.

Tammy Lyn Wincott answered on Jun 5, 2019

You may be able to execute a post-marital agreement stating the house is your separate property. I suggest speaking with an estate planning attorney or family law attorney who is familiar with agreements after marriage.

1 Answer | Asked in Estate Planning and Real Estate Law for Texas on

Q: Can attorney's work in different counties in Arizona or do you need an attorney for each county?

Terry Lynn Garrett answered on Jun 5, 2019

While attorneys are licensed to practice the law of a specific state, those who go to court might appear (depending on the type of case) only in a certain county or a certain group of counties.

2 Answers | Asked in Real Estate Law and Tax Law for Texas on

Q: Selling an investment home, how do I show profits are going to business partner when title is in my name?

I am financing an investment property in Texas that will be sold when it is finished making it a short term capital gains. The business partner I am working with is the person doing all the rehab and will be taking the lions share of the profit however I wanted to be the person on title because I... Read more »

Andrew M Steiger answered on Jun 5, 2019

If you and your friend are in business as a partnership, you’d file a form US 1065 and give each partner a K-1 form to report items of income on your 1040 return. It sounds like you should work with a local accountant to figure this out. If you’re not a partnership, then your payment to your... Read more »

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2 Answers | Asked in Real Estate Law, Estate Planning and Probate for Texas on

Q: My mother passed and owed $5000 in backed property taxes. I'm her only son.

Do I have the right to keep the house and make payment arrangements. I'm not sure if she made a Will. I'm the only servivor

Bruce Alexander Minnick answered on Jun 3, 2019

No, not unless you doing something to get the deed changed into your name. You are in need of a real estate lawyer to help you get through this big problem--before it gets out of your hands completely.

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2 Answers | Asked in Real Estate Law, Landlord - Tenant, Probate and Small Claims for Texas on

Q: How do i evict deceased father's live in girlfriend from his home?

My dad passed away today. He has had a live in girlfriend for 9 years. They have separate accounts and not common law. She does help pay for some bills once in a while. How do his kids evict her since the home is 100% in his name.

Terry Lynn Garrett answered on May 20, 2019

File an eviction action in your local Justice of the Peace Court. If necessary, get the sheriff to enforce it.

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1 Answer | Asked in Criminal Law and Real Estate Law for Texas on

Q: Can you have criminal tresspassing put on you when you have been living there and 90%of your belongings are there?

Grant St Julian III answered on May 16, 2019

What you describe is possible; it depends on the defendant's legal status as to right of access to the property in question. Talking with an attorney about the specific facts of the situation would help. Good luck,.

1 Answer | Asked in Real Estate Law for Texas on

Q: Hi Mr Marvin! my mother's husband died without making a will. He had a daughter from a previous relationship but they

were estranged for many years. My mother was told by a judge that she could leave in that home for as long as she please as a homestead property and has been living there for the past 50 yrs. A few yrs ago my mother was told by a lawyer that she had rights to a portion of the property. how do we go... Read more »

Tammy Lyn Wincott answered on May 3, 2019

It depends on whether the property was bought while they were married. If it was during the marriage it is probably community property and the husband's daughter would rightfully own the 1/2 he had prior to marriage.

If the property was gifted or bought prior to the marriage it would be...
Read more »

1 Answer | Asked in Real Estate Law for Texas on

Q: how do I remove someone from affidavit of heirship if they will not cooperate and sign document. they are in Prison?

Trying to refinance home left by previous Husband who passed away 6 years ago without a will. He has 2 sons, 1 is in prison and he does not want to sign the affidavit of heirship. Title company said he may be able to be removed.

Tammy Lyn Wincott answered on May 3, 2019

An affidavit of heirship that is filed in the deed records must be signed by two disinterested witnesses who attest that the information within is correct. It is not necessary for all heirs to sign it; however, if they have a rightful ownership the title company will not proceed unless they sign... Read more »

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Texas on

Q: My spouse died 13 years ago, and I don't have her will. She had 2 children. I've decided to sell house. What do I do?

Will was never probated, didn't seem neccessary. Only thing we had was house. car, and her personal effects which the children got. They support me selling the house.

Terry Lynn Garrett answered on Apr 30, 2019

Two witnesses who will not inherit may be able to sign an Affidavit of Heirship to transfer title to the house and a similar form to transfer title to the car. The first must be filed in the county deed records. The second with DMV.

If the children are not your children, your wife's...
Read more »

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1 Answer | Asked in Real Estate Law, Civil Litigation, Civil Rights and Construction Law for Texas on

Q: If you haven't been sued can you be made to answer personal questions in regards to another lawsuit that your fiance own

My partner is a builder and has been sued and the opposing counsel is asking about my involvement and asking me to give up personal information about myself. Example my bank account information and if i have opened new bank accounts.. is this legal

Matthew Valley answered on Apr 18, 2019

Is it legal for an attorney to ask you to provide access to your personal financial information? Probably yes. If you asking whether you legally have to provide him with that information, it depends. During a civil lawsuit, Texas law permits parties to pursue information from third parties that... Read more »

1 Answer | Asked in Real Estate Law for Texas on

Q: Real estate property.

Texas: I bought property while estranged from my now ex husband. The deed is only under my name. The divorce decree states that we share no property or children. Divorce was granted without ex husband's appearance. The property is paid off. I tried to sell the property but the Title company... Read more »

Matthew Valley answered on Apr 18, 2019

If you bought the property while you were married then it more than likely became marital property despite your name being the only name on the conveyance documents. If this is the case then there is a potential that your divorce decree did not resolve who got the property in question. You should... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Texas on

Q: Reletting fee for moving out early in my apartment but they never fixed our appliances and still have a roach issue.

My discussions with the apartment about the appliances have been face to face but it seems like there has never been a work order. They have done a spray for roaches 3 times but nothing stops the roaches from coming back. Now that our garbage disposal is broken its harder to wash dishes and make... Read more »

Bruce Alexander Minnick answered on Apr 16, 2019

If your lease calls for a "reletting fee" when moving out before the end of the lease term then you agreed to pay the reletting fee when you signed the lease.

2 Answers | Asked in Real Estate Law and Probate for Texas on

Q: Texas: Father died in Mar, in Oct transf deed to my bro w/o telling my mom. Mom is not on the deed. What can she do?

Mom and I have paid taxes on this property no brother. I have proof. Father has history of criminal acts. This property was acquired during their marriage.

Tammy Lyn Wincott answered on Apr 8, 2019

If you are referring to a Transfer on Death deed, both owners are required to sign. On other deed types your father can only transfer his share.

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2 Answers | Asked in Elder Law and Real Estate Law for Texas on

Q: I would like or sell my townhome to my daughter and remain in the home. What are the issues?

I would be paying all insurance and taxes, upkeep. I would like to maintain a homesteader exemption.

I would like to have more available income to travel. Not interested in a reverse mortgage.

Terry Lynn Garrett answered on Apr 6, 2019

If you sell your home to your daughter, she, not you, will be entitled to the homeowner's exemption. Unless she is 65 or older, the elderly person's exemption will be lost. She could kick you out. She could lose the home to creditors or predators and they could kick you out.

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1 Answer | Asked in Estate Planning and Real Estate Law for Texas on

Q: My Husband Inherited Property, Continued... Would my Mother-in-law be the rightful owner of her late-Husband's

property if they divorced decades ago? If they divorced, could my Husband buy the land left without a will from his Mother who is still alive?

Terry Lynn Garrett answered on Apr 4, 2019

Divorce cuts off the right to inherit in Texas. If your mother-in-law was divorced from the decedent, she could not inherit from him (absent a specific provision for her in his Will) and so cannot sell whatever he left to your husband.

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