Legal Question in Real Estate Law in Texas

Please Advise

My ex-wife and I made an agreement with another couple to purchase our house and property in 2001. They agreed, signed a contract, and have been making payments to the bank, however they now owe over $5,000 in back taxes and the house is now uninsured. I have a copy of the hand written contract that states purchase of the house and property. I did not spell out in writing that they must have insurance or pay the taxes as this was not figured into the monthly bank note. That part of the agreement was verbal. They have paid their home taxes a few times and have made arrangements in the past with the tax office. The last payment to the tax office was in Dec. 2006. I was notified by my bank that they are going to take action if something is not done. Also they have let the insurance on the house lapse. If possible, I would like to take back the house. Do we have a leg to stand on?


Asked on 4/17/07, 8:04 pm

1 Answer from Attorneys
Johm Smith tom's

Re: Please Advise

It sounds like they want you to treat them as paying to own and your want to treat them as paying off a purchase. I'd have to check to make sure, but I don't think TX lets a person pay to own a house. If I'm correct, you would win in court but only if you've already put the title into their name. If you haven't done that, then you own the house and you have to pay property taxes and insure it.

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Answered on 4/17/07, 9:36 pm


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