QUESTION
WHAT CAN I DO TO MAKE SURE I HAVE HALF OWNERSHIP OF MY MOTHERS HOUSE?
Asked on Feb 20th, 2020 on Estate Planning - Texas
More details to this question:
MY MOTHER PASSED AWAY BACK IN 2011. MY STEP DAD LIVES IN THE HOUSE NOW WITH HIS NEW WIFE. HE IS DISABLE AND HAS HAD 3 STROKES AND IS PARTICALLY BLIND. BUT IN 2015 MY STEP DAD WAS BEHIND IN TAXES SO I STEPPED IN TO HELP. ME AND MY STEP DAD GOT A LOAN TO HELP PAY FOR THE TAXES SO HE WOULDNT LOSE THE HOUSE HIM AND MY MOTHER OWN. HE GOT WITH HIS NEW WIFE AND I MOVED OUT THE HOUSE AND NOW SHE IS TRYING TO TAKE OVER THE HOUSE. I WANT TO KNOW WHAT MY RIGHTS OVER THE HOUSE IS?
1 ANSWER
2 Awards
While a surviving spouse has a lifetime right to occupy the house in Texas, once he leaves, that right is forfeited. From your reference to "half" it appears that the house was community property and you are your mother's only heir. Your stepmother may be your father's heir but only after he dies. She has no rights while he is alive. You may try to persuade your stepfather to join you in selling the house. You may offer to buy him out or have him buy you out. Given the time that has passed, you may sue for partition, forcing a sale. Contact a local probate attorney.
Answered on Feb 21st, 2020 at 5:11 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.