Legal Question in Real Estate Law in Texas

If i am paying for a mortgage and i am currently am living in the house and it was purchased by my daughter and my brother in law but my brother in law recently died and he is listed as a primary owner and my daughter as secondary owner neither of them ever lived one day or night on this property or have paid one mortgage payment or any monies at all i have paid every cent for this property and i have bank statements to prove it , they only took out the loan so i could by the property as i never qualified 10 years ago but i am basically the current owner what can me or my daughter do in this case


Asked on 9/25/10, 8:44 am

2 Answers from Attorneys

David Leon David L. Leon, P.C.

If you're not on title, you're not an owner. If there's no contract, then you're a renter, and you have no ownership interest in the house. A verbal agreement won't cut it. It doesn't matter that they never lived there, etc.

Right now, whomever is in title is the owner. If that is your deceased brother in law, then his heirs are the owner. You need to clear title and have them deed out to you. If it's both the deceased and the daughter, then both the heirs and the daughter need to deed out to you. This needs to happen quickly.

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Answered on 9/30/10, 9:29 am
Donald McLeaish McLeaish&Associates;, P.C.

Since you are not the owner, help your daughter get it in your name through probate..contact a lawyer now and get it done. Hopefully the son in law had a will..or had not other heirs...call us for a no cost consultation..IF your daughter is willing..if she isn't, you have troubles

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Answered on 9/30/10, 9:47 am


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