Legal Question in Real Estate Law in Texas

My husbands father has a home that he bought 40 years ago with his first wife..when she passed away he remarried but never put the new wife on the deed to the home. He is the only one listed on the deed. When he passed away 11 years ago the new wife has continued to live in the home. She has now moved out and the house is to go to my husband and his sister. We have paperwork drawn up by a lawyer for her to "gift" the house over to them since she is still alive but not living in the home but she is not signing the papers. Always an excuse as to why they are not signed and notarized as of yet. Is it possible that we do not need the paperwork since she is not listed on the deed? She moved out of the home over 5 months ago and the house is sitting empty. Do we have any ground to stand on for maybe abandonment of the home and can get it into my husband and his sister's name to sell without the signed papers from her?


Asked on 3/22/13, 7:40 am

1 Answer from Attorneys
David Leon David L. Leon, P.C.

Possibly. I'd have to review the title documents, and see what happened to the first wife's interest when she died. It's possible that the second wife only had occupancy rights, which can be abandoned.

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Answered on 3/23/13, 8:24 am


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