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Texas Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Landlord - Tenant for Texas on
Q: Can I bring a claim against landlord's attorney for pushing for a negligent/illegal eviction?

In Dallas County, my landlord brought an eviction suit against me (I was pro se) and my landlord's attorney pressed for eviction at the hearing AFTER knowing I vacated and surrendered the property in accordance with Texas law.  The judge dismissed the case. There was no unpaid rent or... Read more »

Teri A. Walter
Teri A. Walter answered on Jan 22, 2021

No, you have no damages. Sometimes, the cases will go forward even if the resident has moved out, if they're seeking unpaid rent or to recover for damages to the property. Your case was dismissed.

1 Answer | Asked in Real Estate Law and Tax Law for Texas on
Q: My parents gifted my wife and I, a house, would I need a form 709, real estate attorney and/or CPA, or all of them?

My parents gifted us the house in 2020, how to we claim this? We're not going to sell it, rather we will sell our current house and use the equity and remodel the gifted house. We have lived in our current house for over 9yrs and it will be less than $500k, so capital gains tax shouldn't... Read more »

Kacie Marie Czapla
Kacie Marie Czapla answered on Jan 19, 2021

Your parents (the giftor) should file a gift tax return because the amount of the gift exceeds the exemption. The exemption is set at $15,000 per person. If your parents (two giftors) choose to gift split, and the gift is given to you and your wife, this allows for a $60,000 exemption ($15,000... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for Texas on
Q: Father is providing $250K cash to help purchase land. Will this fall under Lifetime Credit Tax Exp or will he be taxed?

Father-in-law giving $250,000 to help purchase a property that is $500,000. This Texas property is 30 acres plus home. Will he be taxed on that "gift" or does it fall under the Lifetime Credit Tax Exemption? Additionally, it's not really a gift as we are leasing him 25 of the... Read more »

Kacie Marie Czapla
Kacie Marie Czapla answered on Jan 19, 2021

Short answer is yes he must file a gift tax return. However, there is a lifetime exemption amount of $11,700,000 per person. That means that your father can gift up to $11,700,000 tax free during and after his life via gifts and his estate. The lease does not matter. It is still a gift if you are... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: Many years ago an easement was obtained illegally. The signature/grantor was invalid.

A sibling of the executrix in a sale of unimproved acreage to my father sought out common carriers and sold easements/row days prior to the sale. Have I any recourse as the resale value of the land is adversely affected.

Local law enforcement aided contractors to gain access and begin... Read more »

Teri A. Walter
Teri A. Walter answered on Jan 19, 2021

It's impossible to answer this question without reviewing all of the documents and circumstances. Even if the easement was initially an invalid conveyance, the company holding the easement may, after all these years, be able to establish the easement by adverse possession. Take all the... Read more »

1 Answer | Asked in Divorce and Real Estate Law for Texas on
Q: Property after divorce with no quitclaim deed. What are my options?

My divorce decree says the ownership of a condo that is considered community property was given to my ex wife but no quitclaim deed or title transfer was done. My name is the only one on the mortgage. Fast forward four years and she won’t transfer the property into her name or even communicate.... Read more »

Kelly Case
Kelly Case answered on Jan 13, 2021

First, this is probably not something you are going to handle without legal representation. You should hire a lawyer to assist you as this is likely to become very complex if the Original Orders and Decree did not specify the remedial action to be taken in this instance. Sounds like no lawyer was... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: Want to sell a house that's only in my name and was acquired while married to my now ex-husband, with whom I had a prenu

stating that property acquired during the marriage is the sole property of the spouse who purchased it. The title co is set on having him "convey title" to me because the divorce decree "didn't address this". Well, there was no need to "address this" because of... Read more »

Teri A. Walter
Teri A. Walter answered on Jan 13, 2021

They have the legal right not to issue an insurance policy until their underwriting standards are met.

While the prenup addressed the problem, the property should have been addressed in the divorce decree, so that this issue would not have come up. Talk to your divorce lawyer - you may...
Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: we own property that has a road going through it. How can I find out if we can keep people from driving through

There is a guy that bought into undivided interest down the road but in our plat it shows the road goes through our property all the way to that property

Teri A. Walter
Teri A. Walter answered on Jan 12, 2021

There may be an easement, which would be recorded in the real property records, or in a deed. If not, he may be able to sue you to obtain an easement of necessity if the road running through your property is the only way to access his property. The answer to your question will require a review of... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: Bought a house together, not married, what rights do I have?

I have 3 kids with someone I was with for 10 years. We are no longer together but we still live together in a home we both purchased. Our names are on the house but we are not married. I started going to school and working on my debt. I want to have everything settled before I move out. With me... Read more »

Teri A. Walter
Teri A. Walter answered on Dec 30, 2020

Your rights are determined by the deed, not the financing. If both your names are on the deed, you own a 50% interest in the house, whether you pay any bills or not, and regardless of whose name is on the financing.

That being said, if the mortgage doesn't get paid, the mortgage...
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1 Answer | Asked in Real Estate Law for Texas on
Q: Two siblings each inherit a 50% undivided interest in a ranch.

One wants money now and is willing to sell at a low price.

The other wants to hold out for a higher price.

Neither has the money to buy out the other.

Can they sell their interests to a buyer at different prices?

Short of partition of the land (which does not... Read more »

Teri A. Walter
Teri A. Walter answered on Dec 30, 2020

Where the land cannot be partitioned, the partition happens by sale of the property, with each owner taking their share. The shares are computed taking into account any income received from the property, and expenses incurred, both of which are shared by all the owners.

I suppose the two...
Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: my grandma was married, they got a house but only his name was on deed. He passes away but my grandmother pays the house

off. 30 years later my grandma is wanting to put the house in my name. How do we go about doing so? Also I’ve went down to try and find the deed but was unsuccessful. He also had children, will they be a problem trying to transfer it over to me?

Anthony M. Avery
Anthony M. Avery answered on Dec 29, 2020

You will need a competent attorney to conduct a title search. If there was no Probate, then the attorney should determine heirship and draft an Affidavit of Heirship, which is executed and recorded.

That Affidavit will serve as the source of title for the owners whoever they are. You...
Read more »

1 Answer | Asked in Criminal Law and Real Estate Law for Texas on
Q: Protective order used to

I request a protective order then I Rob house while he's still in jail what can I expect

Kiele Linroth Pace
Kiele Linroth Pace answered on Dec 27, 2020

Do not post confessions on a public website. Instead, you should have a private consultation with a criminal defense attorney who has an office in the same county where the potential crime was committed.

Also, that sounds like Burglary, not Robbery. Burglary is the unlawful entry into a...
Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: I'm trying to find out if I sell land in New Mexico, can I keep mineral or water rights.

Does New Mexico law honor water rights?

Tim Akpinar
Tim Akpinar answered on Dec 24, 2020

Your post remains open for two weeks - you may want to repost under New Mexico. There's no guarantee that all posts are picked up, but you could add Agriculture and Energy, Oil & Gas as categories. Attorneys who are active in that latter category are probably the most knowledgeable here... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Texas on
Q: House rental lease ends jan 31 realtor wants to show house now with covid spikes can they legally show the house
Allison Higgins
Allison Higgins answered on Dec 22, 2020

This is a question coming across a lot of lawyer's desks, but there doesn't seem to be a strict answer yet. Maybe you and your landlord can agree to only do virtual showings. Check your contract to see if it says how and when they can show the house.

You may want to hire an...
Read more »

1 Answer | Asked in Foreclosure, Land Use & Zoning and Real Estate Law for Texas on
Q: Vmp mortgage solutions is this VETERNANS MORTGAGE SOLUTIONS INC. IM SO CONFUSED WITH ALL THIS MORTGAGE COMPANY AND BOA?

I dont understand this the more I send to clear title on mortgage loan the boa sends to clerks to submit against me and there adding to what is already documented! Bexar County Clerks are allowing add ons and extension, refinance documents to be added to records already there. How is this happening... Read more »

Anthony M. Avery
Anthony M. Avery answered on Dec 18, 2020

It appears that you need a competent Texas attorney to conduct a title search. Then with your belated Release, he should be able to discern how to properly clear your Title. The Release probably only affects some of your recorded instruments, and you may need more Releases.

1 Answer | Asked in Real Estate Law for Texas on
Q: My sister in Maine and I in Texas were deeded (Lady Bird Deed) our late mother's property immediately upon her death.

Texas is a community property state and Maine is not. Do I need my husband's written permission to sell my portion of the property so my sister and I can split the profits with our siblings? The property is being legally split into two different sections to sell. Both my sister and I will... Read more »

Teri A. Walter
Teri A. Walter answered on Dec 18, 2020

You don't say where the property is located, which makes a difference, however in any case you won't need "permission" to sell. Assuming the property is in Texas, however, a title company may require that he co-sign the deed, so that there is no question later about whether any... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Texas on
Q: Row/easement was attained with invalid signature many years ago. Any recourse?

My father was forced by local law to let common carrier place plant/poles with an invalid contract. Any recourse after 30 years.

Anthony M. Avery
Anthony M. Avery answered on Dec 15, 2020

Setting aside the ROW in Court is not an option if it is your chain of title. However contact a competent Texas attorney that has actually engaged in real property litigation, not a title company. He should be able to advise about physically blocking, and thus terminating, the Easement. It... Read more »

2 Answers | Asked in Energy, Oil and Gas, Land Use & Zoning and Real Estate Law for Texas on
Q: Is it legal that a company sell land without telling the buyer that an existing oil and gas lease exist
Anthony M. Avery
Anthony M. Avery answered on Dec 11, 2020

Certainly... It happens all the time. The buyer needs to do a title search prior to signing the contract, and certainly prior to paying over the price. If it is a warranty deed, check to see if the lease is listed on the face of the deed as an encumbrance.

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2 Answers | Asked in Criminal Law, Family Law, Real Estate Law and Child Custody for Texas on
Q: Does a child custody order override a criminal trespassing warning?

My roommate's ex picks up the kids from our place. I have a criminal trespassing warning telling him he can't come onto the property. He says he doesn't have to follow that because he has a custody agreement. I read the custody agreement and it doesn't say he has to be on the... Read more »

Sharita Blacknall
Sharita Blacknall answered on Dec 15, 2020

You could call the police to state that he violated the trespass warning. But, he could file a motion to enforce his visitation rights against you.

If you want your court order to change the place to exchange the children you will need to file a motion to modify your current court order....
Read more »

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1 Answer | Asked in Real Estate Law for Texas on
Q: How do I switch primary residence if the mortgage is under my name but title shared between me and my parents?

I bought my first house about 8 months ago. I am the only one on the mortgage but I have myself and my parents listed on the title. I am looking to buy another home as a primary residence for myself. What options do I have to change my primary residence to the new home. Do I need to form a rental... Read more »

Teri A. Walter
Teri A. Walter answered on Dec 4, 2020

You don't need anyone's permission to move to a new residence. It's possible that if you're applying for a mortgage on the new house, you'll want to have a rental agreement with your parents to show the new mortgage company that you're receiving income from the first property.

1 Answer | Asked in Real Estate Law for Texas on
Q: I have a signed real estate contract that states buyer accepts property as is. If ac breaks before closing, do I pay?

A/C was found to be faulty during an inspection. We don’t live in the house and our real estate agent is trying to make us pay for it.

Teri A. Walter
Teri A. Walter answered on Nov 28, 2020

That's an issue of what you want. If the contract provides that you're buying the house "as is" then if you want to change that, you're going to have to negotiate something different with the seller. If you don't reach a new agreement, and you don't close, you'll likely lose your earnest money.

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