Legal Question in Elder Law in Texas

this is for a friend. both parties in 70-80's. husband and wife divirced 20 yrs ago, but remained close, sometimes living together sometimes apart. house is in both names. divorce decree supposedly does not address the house.ex-wife spouse is now not of sound mind and is living in a rehabilitation center. ex-husband wants to know what can he do with the house? he wants to renovate and rent or sell, but he doesnt know if the state will want half for medical costs. he aksed me, but this is a matter I believe for an attorney. I told him maybe if POA agrees to quit claim the property he would be able to dispose of it. possibly.He doesnt know who has POA, but somebody has too if she is in a home, right? both have surviving children, so possibly other interests involved(although she isnt dead). Itold him I would check to see what could be done, but again everything most likely would have to be done through an attorney.

Asked on 6/14/13, 5:23 am

1 Answer from Attorneys

Donald McLeaish McLeaish&Associates;, P.C.
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nothing could be done...children have rights..she is not competent...so only if children or someone gets guardian..can he get loan..obviously he can repair etc but lender wants him to have title..as to State..he may have a battle

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6/14/13, 6:05 am

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