Legal Question in Real Estate Law in Texas

With the economy the way it is we can no longer afford our home which is a common thing currently. The thing is my grandmother is in the process of moving out of her home and going to a nursing facility and offered for us to move in for the time being. The house is under common property meaning when her husband died she legally owns half the house and her three step children the other half. Two have agreed to sign off their portion to her which leaves the third one causing problems. She offered to leave what portions she own in a Will to us. Can we legally move into the home and if something happened and she passed away to save up and pay the 1/6th of the home's value off to the third child? I don't want to move in and put money in to repair major issues within the home and pay the taxes if it can be taken out from under us


Asked on 11/30/11, 1:21 pm

1 Answer from Attorneys
Donald McLeaish McLeaish&Associates;, P.C.

Contact a lawyer in your area...unfortunately you are wrong...when her husband died, she may own half as community property but she has a lifetime right to the home. Since two have agreed to sign..the quicker u have a lawyer get that done..the better..then you have only a small portion subject to the third..and a small loan securing that would be to your benefit..and u may discover getting two signed will lead the third to sign..after all..if you move there/do upkeep etc..the lawyer can advise you what adverse condition the third could cause, if anything..

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Answered on 11/30/11, 3:54 pm


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