Legal Question in Real Estate Law in Texas

I bought a house in 2005 with a friend of my, who pass away in 2007. My friend did not have a will, no children or spouse. On the mortgage my name comes first and my ss # is the one used on the taxes. How would I remove her name from the deed so my mortgage company will remove her name from the mortgage??


Asked on 4/21/10, 9:22 pm

1 Answer from Attorneys

Cheryl Rivera Smith The Smith Law Firm

The question is...Is the WARRANTY DEED in her name? Probably. If that is the case, her share of the house passes to next of kin (going out to parents, siblings, cousins, etc.). However, you can acquire her half through adverse possession if you are able to live there undisturbed 10 years from the date of her death.

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Answered on 4/27/10, 5:00 am


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