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My husband wants to keep the house and I do not want to be on the loan anymore. He can pay the payments and bills with support of roommates but is asking that I give him a year and a half to refinance. Do I have to hold off on the divorce if I agree to wait because his credit is not where it needs... View More 
answered on Jul 12, 2024
You can get divorced and include in your divorce decree a provision that he has a set period of time to refinance or the house will be sold. At the time of refinance or sale, you can specify how much you are to receive. You will want to include an owelty lien and have him sign a deed of trust to... View More
Her lawyer buried us in paper work now lawyers want 5k /10k retainer we are on fix income we are not showing up in court my mom has Alzheimer's I have a Dr letter for her I don't want to go to court with out a lawyer can not afford one not fair bottom line can I be held in content of... View More
answered on Jul 12, 2024
If your brother had children, his estate will pass to those children or their descendants. If not, your brother's estate will pass to his parents, which would include your mom if she was also his mom.
Your brother's ex cannot inherit anything from your brother's estate... View More
We are purchasing an owner financed home for $27,000 6% interest,15 year. We bought it 2012, the man we are purchasing from, is now in assisted living, & son has taken over businesses, we found out we haven't had insurance for over a year (that we paid for) so son starts looking into... View More
answered on Jul 3, 2024
Yes. The statute of limitations for breach of contract is four years. As a condition precedent to collecting attorney fees in a suit for breach of contract, he is required to make a written demand for payment at least thirty days before bringing suit. If you pay the demand within thirty days,... View More
answered on Jul 2, 2024
If your earnest money contract included the standard Third Party Financing Addendum and the box at the top of section 2 A is checked, obtaining Buyer Approval by the financing entity was a condition precedent and you are entitled to give notice within the days specified in that section terminating... View More
Back taxes and the city is about to sell the house and she loses it. There is a will my dad left for the house but she never filed it. If the house was sold it would be split among us children. These taxes are from her failing to pay them the past two years since my dad died. How do I gain control... View More
answered on Jul 1, 2024
A power of attorney expires when the maker dies. When your dad died, any power of attorney he signed naming your sister ended.
Since your father left a will and you are an heir under that will, you have the right to file an application for probate of the will. If someone else (e.g. your... View More
The title company claims there is no easement right of way agreement on record with the county, but the ROW agent says the pipeline is going through our property in September!
answered on Jun 24, 2024
If there is no recorded easement, you have plenty of time to file a lawsuit against the company that is threatening to put a pipeline on your property and to set a hearing for a temporary injunction before September.
Do not wait until it becomes an emergency or it will almost certainly cost... View More
she left me a note stating that I had to transfer the deed to the house within 45 days of her death. is this true ? and if I dont do it in 45 days what are the consequences
answered on Jun 20, 2024
A Lady Bird Deed (also known as an enhanced life estate deed) allows a property owner to retain control over their property during their lifetime and transfer it to a designated beneficiary automatically upon their death, without the need for probate. In Texas, this type of deed is often used to... View More
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
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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
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.
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
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.
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
like information on DNA or real parents or being part of DoD research in hawaii 68 thru 75 to present and not by choice
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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
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
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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... View More
We live in the house that I own from a previous marriage.
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
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
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
If Taxes are Paid in Texas prior to a Tax Foreclosure, how is the Deed obtained?
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
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
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,... View More
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
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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... View More
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
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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... View More
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
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
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
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
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