Legal Question in Real Estate Law in Texas

My disabled mother has lived in her mother's home for over 20 years. Before her mother's death, the house was put in my mother's name and her brother's name - each with 50% ownership. Does my mother have to sell the home or buy out his half as her brother demands or does she have any rights from being essentially homeless because of her age (62), total disability and length of residence at the home.


Asked on 10/19/10, 1:47 pm

1 Answer from Attorneys

If the house was titled to her and her brother, than neither can sell without the other. However, if the brother no longer wants the house, he can either give his share to her (deed), sell his share to whomever wants it (including to your mother) or he can force a court to order the sale of the house and split it with your mother.

If she is disabled, she should consider applying for Medicaid benefits.

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Answered on 10/24/10, 2:14 pm


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