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Dividing a House in a Texas Divorce In a divorce the house is usually the largest asset and the one with the most strings attached. Texas is a community property state, which shapes the whole question in ways that surprise people who have moved here from elsewhere. The first distinction is between community property and separate property. Broadly, what either spouse acquired during the marriage is community property. What one spouse owned before the marriage, or received

What an Open Claim Does to a Texas Home Sale Hail, wind and fire claims are routine in Texas, and an open claim complicates a sale in ways that are manageable if you understand who is owed what. The central question is who receives the claim proceeds. If there is a mortgage, the lender is typically named on the policy and the check is usually issued jointly. Lenders commonly hold the funds and release them in stages as repairs are completed and inspected. This is why own

Selling a Texas House With a Tenant Still Living In It You can sell a house in Texas with a tenant living in it. What you cannot do is sell it as though the tenant is not there. The lease is an obligation that travels with the property, and understanding that early saves a great deal of friction. A lease survives the sale. When the property changes hands the new owner steps into the landlord's position and takes the lease as written, for whatever term remains. A buyer wh

Selling a Texas House With a Reverse Mortgage A reverse mortgage lets an older homeowner draw against equity without monthly payments. The loan is not forgiven; it becomes due when a maturity event occurs, and that is usually the point at which the family first has to understand it. Maturity events are defined in the loan documents and typically include the death of the last surviving borrower, the borrower permanently leaving the home, or a breach of the obligation

Can an HOA Foreclose on Your House in Texas A homeowners association in Texas has more authority than most owners realize. Unpaid assessments are not merely a billing dispute, and in some circumstances an association can foreclose on the lien securing them. The authority comes from the recorded declaration, the document filed in the county property records that created the subdivision's covenants. When you bought, you took title subject to it. That declaration typically

Selling an Inherited Texas House When There Is More Than One Heir Inheriting a house with brothers and sisters turns a property question into a family one. The legal side is usually more straightforward than people expect. The hard part is that every heir has to agree, and nothing moves until they do. Start by establishing who actually owns the property. If there was a will and it went through probate, the executor's authority is on record and the chain of title is clean

Selling an Inherited Texas House When There Is More Than One Heir Inheriting a house with brothers and sisters turns a property question into a family one. The legal side is usually more straightforward than people expect. The hard part is that every heir has to agree, and nothing moves until they do. Start by establishing who actually owns the property. If there was a will and it went through probate, the executor's authority is on record and the chain of title is clean

What a Texas HOA Can Do About Unpaid Dues A homeowners association in Texas has more authority than most owners realize. Unpaid assessments are not merely a billing dispute, and in some circumstances an association can foreclose on the lien securing them. The authority comes from the recorded declaration, the document filed in the county property records that created the subdivision's covenants. When you bought, you took title subject to it. That declaration typically cr