Friday, March 17, 2017

Texas real estate law questions

Q: Is my girlfriend entitled to half my property when it is owed and she's contributed to upkeep and payments?

Before I met her, the property is under my name only and was purchased. I am filing an eviction suit because she refuses to leave and maintains she's rights. To my understanding, she has "renter" rights, because she resides here I need to allow her a specific time to vacate the premises and if she still refuses then I should follow up with the eviction suit. I will be doing that at the present time, but she needs to settle this on our own without being forced to visit court but needs to stay with the property because she says shes en entitled to half... We do not have any children together and I have been divorced from my 1st wife, so some info is known by me. My ex wife stayed together with the property we bought as wed but both kept separate properties out. What will happen in this case my property is in my name only and if I am not wed to my girlfriend?
Lawyer Answer Ross F. Tew

A: It sounds just like the both of you could sort this out using a mediator's input. I doubt if she is not paid back, at least in part, for any contributions she has made to the purchase or improvement of property she'll agree to anything.

Q: How do you prevent my neighbor from parking about a foot onto my driveway?

His vehicle is parked by my neighbor onto my paved driveway causing me to must veer to the best to prevent my drivers side door from hitting at his vehicle.
Attorney Reply Peter Munsing

A: You could call the cops. However, as a neighbor who appears to be passive aggressive or blind, you do not want him to get focused on you. Perhaps ask across the locality to find out what this individual's angle is.

Q: My mom and I were willed my grandmother's home. Whose passed. Can she put out, if we both are living there now?

When she passed, I used to be living there. My mom and her husband moved in with me to "save for their very own house ". But now she is trying to put out me.
Attorney Reply Terry Lynn Garrett

A: Both your names should show up on the Distribution Deed filed with all the county clerk of the county where the property is situated in the event you and your mother were both willed the house. Either of you're able to file a Motion. This may either induce a sale of the house or compel the other to buy the interest of the person filing out with all the proceeds of the sale payable to you both. You should see an area probate lawyer.

Q: Can I add my daughter as owner of my home in Texas with out her being to the mortgage?

Attorney Reply Ross F. Tew

A: I wonder what you're looking to accomplish, when you say you would like to add her as an owner. If that is a method to offer her the house after you have passed, you can certainly achieve this in a Will, having a transfer on death deed, or with a deed reserving an increased life estate yourself, generally called a ladybird deed. An average mortgage will include a provision when you deed the home to somebody else without paying the mortgage off, you've got defaulted on the mortgage and it can be foreclosed. You definitely have to sit back with the attorney and clarify exactly what you intend to carry through so they will enable you to analyze your choices.


Q: his dwelling was sold by my dad but the new owner never shifted it over to her name can my dad legally get the home back?

Attorney Solution Ross F. Tew

A: Possibly, but if he received payment from the new owner for the sale, he is just asking a suit by conducting another sale to another buyer, or by attempting to maintain his ownership of the property.

Q: My brother was incarcerated and his own wife sold their house and had her ex-husband Forge his name what can he do about it

Attorney Response Kiele Linroth Pace

A: Forgery of a Deed or Mortgage is a State Jail Felony that should be reported to law enforcement. See the correct section of the marital assets and a family law lawyer in regards to a divorce.

Q: My brother is executer of daddy's will. Probate was never gone by the will. In the will my father said he needs the

House to really go to my brother, me and my dead brother's kid. Can my brother sale house without probate? If will has to go thru probate is my signature required and signature of deceased brother's child? I believe he is attempting to cut my neice out of the will. If she knows what is happening, she's an adult and certainly will fight. I don't desire to be engaged in virtually any conflict.
Attorney Reply Terry Lynn Garrett

A: The Will must be probated, while in theory title to the house may be transferred by an Affidavit of Heirship recorded together with the clerk of the county where the property is found. Texas Estates Code 252.201 requires that a person who have a Will turn it around to the court clerk when advised of the departure. Secreting or destroying a Will is a criminal violation. If someone requesting them, is refusing to get this done or hiring an attorney to request them to do this will inevitably set you in battle with them, about what is right, just as your concern is doing now. But this does not necessarily mean that you must be drawn into litigation.

Q: A barbed wire fence was rebuilt by us and transferred it a few feet because the neighbor didn't need to lose the trees.

Many years ago we needed to reconstruct a barbed wire fence on a 129.5 acre property in Texas. We agreed to split the cost with the neighbor. We were willing to knock down but the neighbor needed to save the trees and offered to move the fence several feet. Now we are trying to sell the acreage. Likely it's going to need to be studied. Do we need to compensate the neighbor for the worth of his property and get the legal description of the property restated? How should this be disclosed to prospective buyers? The property is situated in Coleman County, TX,.
Lawyer Answer Ben F Meek III

A: You disclose that fact prominently in your sale docs and can sell the acreage with all the fence over onto the neighbor's land. But that raises the problem of having his fence on his new neighbor's property and subject, for the buyer about letting it remain there. (However, if the purchaser is willing to take the house under that state, you can sell it that way). In the event the cost is right you happen to be on target together with your notion of purchasing that strip out of your neighbor. Then have the surveyor establish the new boundary and upgrade the metes and bounds in your legal description. In case you can't get the strip at a cost that is fair, you may have to transfer your fence back onto your property. Use an experienced property attorney (and a good surveyor). All the best to you personally.

Q: Am I able to get my pre paid rent back (6 months) if I'm breaking lease because of domestic violence? I've a protective order.

I've just been here 5 although I pre paid the whole 12 months in advance. I'm needing to move but I can not without my refund of the rent I Have paid. I've got a protective order and also police reports.
Attorney Reply Kiele Linroth Pace

A: Only certain forms of order that is protective give the right to you. This does not include a magistrate's EPO or a divorce TRO. The important points are here in Texas Property Code 92.016 but that only really addresses whether or not you have to give 30 days notice and pay for it along with back rent. It can not actually address prepaid rent. Hopefully you will not have to sue the landlord for that.

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