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lawyeranswer2017

Texas real estate contract law Q&A

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

Lawyer Response Kiele Linroth Pace

A: Forgery of Mortgage or a Deed is a State Jail Felony that should be reported to law enforcement. See a family law lawyer about a divorce along with the correct division of the marital assets.

Q: Is my girlfriend entitled to half my property if it's still owed and she has contributed to maintenance and payments?

Before I met her, the property is under my name only and was purchased. I'm filing an eviction suit because she claims she has rights and refuses to leave. To my understanding, she has "tenant" rights, because she dwells here I need to allow her a specific time to vacate the premises and if she still refuses afterward I should follow up with the eviction suit. I am doing that at the moment, but she desires to settle this on our own without being forced to visit court but needs to remain with the property because she says shes en entitled to half... We do not have any kids and I have been divorced from my 1st wife, so I know some info. My ex wife stayed with all the property we bought as married but separate properties were kept out by both. What's going to happen in this particular case if I am not married to my girlfriend and my property is in my name only?
Lawyer Solution Ross F. Tew

A: It seems just like the both of you could sort this out with a mediator's advice. I doubt if she is not paid back for any contributions she's made to the purchase or development of property, she will agree to anything.

Q: My neighbor passed away and I would really like to acquire the property.

My neighbor lived like a hermit. His siblings had nothing to do with him. He has one living daughter he had no contact with. I used to be thinking that if I got in touch together with her, that I really could get the home from her since she's the sole surviving next of kin and it's also my understanding that the property has gone intestate. Which I realize to believe the property belongs to his daughter. Do I just have her sign over the house in my experience or have to get an attorney.
Lawyer Answer Ben F Meek III

A: Unless it goes assuming she was not a joint tenant with her dad she may not have title to the property. She actually is now the only owner and probate might be not needed, if her dad and she were joint tenants with right of survivorship. If her daddy was the only owner -- or even if she was a co-owner but not a joint tenant -- probate almost definitely will likely be required to pass her title that she can sell to you. She can produce a contract beside you to sell the property she expects to inherit, but if you wish to get this done, you had best have a lawyer -- if there are heirs you don't understand about, or if he died with a legal will, her contract with you may not mean much other than a suit. I'd suggest talking about your interest in the house. Then if she's really the legal owner and is willing to sell it to you, hire an attorney to safeguard you having a purchase contract, to verify that you'll be receiving clear title to the property, as well as other legal counsel that is sound. PS: My comments here are offered for information purposes only and aren't legal advice about any possibly applicable law or your particular circumstances. They're not offered to join in, nor intended to create, nor do they create, an attorney-client relationship.

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

Lawyer Answer Ross F. Tew

A: When you say you need to add her I wonder that which you're wanting to complete. If it is a method to offer her the house after you have passed, you certainly can achieve this in a Will, with a transfer on death deed, or with a deed allowing an increased life estate on your own, normally called a ladybird title. An average mortgage will have a provision when you title the property to someone else without paying the mortgage off, you've defaulted on the mortgage also it may be foreclosed. You definitely need to sit back with an attorney and describe what you intend to execute so she or he is able to assist you to analyze your options.

Q: We transferred it a few feet since the neighbor didn't need to lose the trees and rebuilt a barbed wire fence.

Many years ago we needed to rebuild 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 the post oak trees that had grown up in the fence line down, but the neighbor wanted to save the trees and offered to move the fence several feet. Now we're attempting to sell the acreage. Likely it is going to need to be studied. Do get the legal description of the property restated and we have to compensate the neighbor for the value of his property? Should this be revealed to possible buyers? The property is situated in Coleman County, TX,.
Attorney Solution Ben F Meek III

A: You could sell the land with the fence over onto the neighbor's property and reveal that fact prominently in your sale doctors. But that raises the issue of having his fence on his new neighbor's land and issue for the buyer about letting it stay there. (However, if the buyer is prepared to take the property under that state, you might sell it that way). In the event the price is right, you happen to be on target along with your concept of purchasing that strip from your own neighbor. Then possess the newest boundary is established by the surveyor and upgrade the metes and bounds in your description that is legal. In case you can't get the strip at a decent price, you may have to move back your fence onto your land. Use an experienced property attorney (and a great surveyor). All the best for you.

Q: I find the house is not in sellers name or our name out after shutting on manufactured home& property. It's in probate

It was sellers dead uncles house. Also determine the realtor told us it was a 2010 version, when in fact it is a 1998. Realtor had 3 acres listed in paper & house, but is to the deed, when only house shut, discovered. What can we do?
Lawyer Answer Ben F Meek III

A: Seems like fraud. Get an attorney. Contact an experienced real estate litigator locally. Many offer free initial consultations.

Q: Just how do I prevent my neighbor from parking in regards to a foot onto my drive?

His vehicle is parked by my neighbor onto my paved drive causing me to have to veer to the proper to avoid my drivers side door from hitting at his vehicle.
Lawyer Answer Peter Munsing

A: You could call the cops. But as a neighbor who appears to be blind or passive competitive, you do not need him to get focused on you. Maybe ask around the neighborhood to discover what this individual's angle is.

Q: My brother is executer of dad's will. The will never went probate. In the will my father stated he wants the

House to go to my brother, me and my dead brother's child. Can my brother sale house without probate? If will has to go thru probate is my signature needed and signature of deceased brother's kid? I consider he's attempting to cut on my neice out of the will. She can fight if she knows what is occurring and is an adult. I do not want to be involved in almost any conflict.
Attorney Response Terry Lynn Garrett

A: The Will needs to be probated while in theory title to the home might be transferred by an Affidavit of Heirship recorded together with the clerk of the county where the property is situated. Texas Estates Code 252.201 demands that a person who owns a Will turn it over to the court clerk when notified of the passing. Ruining or secreting a Will is a criminal offense. If someone asking them, is refusing to get this done or hiring a lawyer to ask them to do this will necessarily place you in conflict together, about what is right, just as your concern is doing now. But this does not automatically imply that you have to be drawn into litigation.

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

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

A: Only specific types of order that is protective provide you with the right to break a lease. This does not add a magistrate's EPO or a divorce TRO. The facts are here in Texas Property Code 92.016 but that only truly addresses whether or not you've to give 30 days notice and pay for it along with back lease. It doesn't truly address prepaid rent. Hopefully you won't have to sue the landlord for that.

Residential real estate lawyer - Toronto

Q: my father sold his house but the new owner never changed it around to her name can my dad lawfully get the house back?

Attorney Answer Ross F. Tew

A: Maybe, but when he received payment for the sale in the newest owner, he is just inviting a suit by conducting another sale to a different buyer, or by attempting to maintain his ownership of the property.

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