Legal Question in Real Estate Law in Texas

We are living in a house that is in my father in law's name, we pay the mortgage. He used to live with us but that just didn't work and he chose to move out. We have been here 6 years. Our concern is that when something happens to him, as he is elderly and his health is fragile, can we be made to move out of the house, by the mortgage company or his other children? We have tried to get financing in our name but have had problem credit. We have worked hard on repairing it and it is better but still not good enough to get financing. Is there anything we can do?


Asked on 5/28/11, 5:31 pm

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

You are simply buying him a house. He can ask you to move whenever he wants. If he dies, his heirs will receive title and can kick you out. Since you can't qualify On your own, your best bet is to have him deed the property to you. You run the risk of a bank exercising a due on sale clause, but that's a much smaller mess compared to what happens when he dies. Do NOT do this yourself.

Dave

Http://leonlaw.com

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Answered on 5/29/11, 11:44 am


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