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We have a default judgment giving permission to sale 20 acres of co-owned property. Co-owner will not sign closing papers to finalize sale. Title company wants a judical declaration. I am wanting to know what is the correct wording when petitioning the court in these regards.
answered on Dec 4, 2023
This is a question that cannot be answered without full knowledge of the facts and circumstances giving rise to the default judgment. For example, a straight-up suit for partition by sale is available anytime there are two or more co-owners of a single parcel of real estate with no mortgage,... View More 
We have a default judgment giving permission to sale 20 acres of co-owned property. Co-owner will not sign closing papers to finalize sale. Title company wants a judical declaration. I am wanting to know what is the correct wording when petitioning the court in these regards.
answered on Nov 29, 2023
There is no short answer to your question. It depends upon the language of the default judgment and the legal right upon which it is predicated. The attorney who assisted you in the lawsuit in which you obtained the default judgment is in the best position to provide you the necessary advice... View More
Built in 2019, added extra piers to ensure the foundation was good ($5600 extra). House begins to crack on inside and outside. Call builder out, they say it’s normal settling. Ok. It gets worse, fireplace coming off wall, huge cracks outside, no door will stay shut or lock. Builder claims... View More
answered on Nov 27, 2023
It depends upon the terms of your contract, when your claim accrued, and when you discovered--or by exercising reasonable diligence should have discovered--the material facts giving rise to your claim. The date of substantial completion of your home may trigger what is called the "statute of... View More
She lives in TX, paid the taxes on it every year, but isn't sure what she needs to do to be able to sell it.
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answered on Dec 25, 2023
In Texas, if your mother-in-law wants to claim ownership and sell a property after her husband's death in 2007, she will likely need to go through the probate process. Even though she has been paying the property taxes, probate is necessary to legally transfer the title of the property to her... View More
She lives in TX, paid the taxes on it every year, but isn't sure what she needs to do to be able to sell it.
answered on Nov 27, 2023
Houses aren't probated. Estates are probated.
A key question is who owns the house. If the house was purchased during the marriage of your mom and father-in-law, it most likely is community property.
When your F-I-L died, your mom owned 50% as her community property and... View More
We went to court and was given a default judgment because he has not contributed financially with taxes etc in over 8 years he will not respond and hides from us. He didn't show up in court therefore we were given default which included selling the entire acreage in full well closing is near... View More
answered on Nov 27, 2023
If the judgment has been drafted correctly to authorize you to sell the property without his signature and a sufficient time has passed since the date of the default judgment, you should be able to take a certified copy of the judgment to the title company and close without his participation.... View More
My father-in-law will his property to my stepson who in turn ran away from home several months ago now he has returned with a notice to vacate the property claiming his mother and I need to move because he needs the property as far as I know in Texas you have to be 21 to take possession of property... View More
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answered on Nov 19, 2023
In Texas, the age of majority, when a person is legally considered an adult, is 18 years old. This means that your stepson, if he is over 18, would typically have the legal capacity to take possession of property willed to him. The requirement of being 21 years old to take possession of property is... View More
They turned down the application because they said they are not a family
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answered on Nov 14, 2023
Yes, it is illegal for a landlord to deny housing to two brothers who are applying to live with their sisters' children and are turned down because they are not a family. This is because the Fair Housing Act prohibits discrimination against applicants based on their familial status.
They turned down the application because they said they are not a family
answered on Nov 14, 2023
It depends upon the particular facts and circumstances. A key fact is whether the two brothers have legal custody of their sisters kids or have a pending action for custody of those kids. If so, federal housing discrimination laws may protect them from "familial status" discrimination.
My dad stated I would be owner he he passed. My brother was the administrator and didn’t pay off the liens on the house nor distribute the estate money. The house went into foreclosure and I paid the liens off to keep the house because I was already living there with my children. I want to know... View More
answered on Nov 18, 2024
You can file a suit to partition the property by sale and offer to buy out the other two heirs' interests.
More specifically, I previously read somewhere before and I can neither find it in the by-laws, declaration, Ch. 81 or Ch. 82 that you may not deny postings of religious items such as your front door or garage door. This pertains to wanting to fly an Israeli flag by someone of the Jewish faith. I... View More
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answered on Oct 8, 2024
In Houston, Texas, condominium associations are generally governed by the Texas Property Code, specifically Chapter 82, known as the Texas Uniform Condominium Act, and by Chapter 81 for older condos. Both chapters address how condos should operate, but neither directly prevents you from displaying... View More
Total profit for both is $555k
We do qualify for capital gains deduction on the first home. Cash buyer wants one transaction can we separate funds after for taxes
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answered on Oct 3, 2024
When selling two adjacent properties in a single transaction, it’s important to carefully consider how the funds are allocated to maximize your tax benefits. Since one property is your primary residence, you may be eligible for the capital gains exclusion on up to $250,000 of profit ($500,000 if... View More
The property manager is the one who told me to call this organization to help. She is telling me now I have to balance or she will file for eviction. They have already mailed the check out. She just hasn’t received it.
answered on Sep 30, 2024
A landlord can evict a tenant if the tenant fails to timely pay rent as agreed in the parties' lease agreement.
I own an El Paso, TX house my 88 year old mom is living in, and have discovered that the caregivers employed by my sister do not have any insurance of any kind. No liability insurance nor worker's comp.
This puts me at great risk, since a claim could wipe me out financially.... View More
answered on Sep 26, 2024
Under your circumstances, you should hire a licensed home health care company to provide care for your elderly mother. Hiring random people to act as caregivers for an elderly person sounds sus and is very risky.
I’m in the process of trying to find my first home to purchase. The one I really like is a landlocked property with an existing 40ft easement that does show up on the property survey. Does that mean legally I would always have access to ‘my’ property? Or would the neighbors who own the land... View More
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answered on Sep 24, 2024
Surveys do not convey title nor easements. Hire a TX attorney to search the titles and determine whether an easement exists or not. Then either get the property with access or go somewhere else.
The house was infested with fleas I was bitten over 80% of my body I went to the doctor I took pictures also sent them to the landlord without any response. He sent me a letter afterwards and also text me saying that don't mistake his kindness for weakness. Here in Texas the amount starts at... View More
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answered on Sep 5, 2024
It was hard to determine exactly what you were asking about. Winning an Eviction trial, or winning a damages case for negligence or breach of contract by the Landlord when he refused to remedy the bug problem in your apartment.
If it is about an Eviction trial coming up, your lease will... View More
They refuse to leave and the cops said I would have to file eviction but when I pull up eviction paper from county courthouse it has ‘landlord name’ for the blank space and I’m wondering if judge will grant me as the tenant the eviction
answered on Sep 3, 2024
You need to report the unauthorized squatter to your landlord and allege that the landlord is interfering with your right to "quiet enjoyment" of the premises you lease from it.
It then becomes incumbent on your landlord to evict the squatter.
I sent a technician out to work on the ac unit. My tenant did not meet with the technician to explain the issues with the ac unit. I’ve had 3 technicians go out to service the unit and they said it’s minor leak and replaced the coolant and compressors. My tenant said it’s not working but... View More
answered on Aug 23, 2024
The tenant’s responsibility is to report the problem to the landlord and to give the landlord a reasonable time to make the necessary repairs.
is still under my grandmother’s name. What happens to the home and who does it belong to?
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answered on Aug 22, 2024
Hire a TX attorney to search the title and determine heirship. Someone needs to pay taxes or it will be lost.
What does she need to put house in her name
answered on Aug 9, 2024
She can take a certified copy of her late husband's will and the order admitting his will to probate to the title company to establish a clear chain of title to her.
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