Legal Question in Family Law in Texas
What are my options and rights?
My Live-in girlfriend and I purchased some land and mobile homes a few years ago. During the break-up she stated she wanted to stay and make the payments via money collected from rent. Shortly later she moved out and rented the entire place out. She has refused to refinance or get the property out of my name. I have now decided that I want to build a cabin on the place to live in since she no longer lives there and has married and moved to another town. Do I have the right to build a cabin on a place that is still half mine? If not how can I force her to buy me out? THis is a long story, so I cant explain every little detail, but I hope this is enough for you to give me some options or opinions. Thank you --
2 Answers from Attorneys
Re: What are my options and rights?
I am not your attorney nor do I represent you so my statements are to be considered just general. The facts are very important here. For example how much (what percentage) did each of you put up. How much did she pay after you left on the mortgage debt. Basically you two are co-tenants assuming you did not form a common law marriage. You both have the right to enjoyment of 100% of the property even if you don't own 100% of it (the percentage put down, etc.) You can force a sale of the property by filing a partition with the court. You cannot force her to buy you out. You can build a cabin - but keep good records of the cost and how much it improved the property. If you rent it - keep records of that as well. Who is making the payments on the loan now or is there not one? Best bet is to partition - sell the property and start over - cheaper and simplier.
Re: What are my options and rights?
Petition for partition. Do not first build on property half owned by someone else. There will be a lawyer local to the property who can assist you with a partition suit.
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