Legal Question in Real Estate Law in Texas
My ex-wife and I own 55 acres 50-50. She has not helped pay any property taxes or maintenance costs and refuses to seel her half to me. Is there any laws that help me to gain full ownership without having to "buy" her half?
2 Answers from Attorneys
It would depend on the divorce decree. It's unlikely that you can take her half without compensation. In many cases, you can either sue her for her share of the taxes, or you can force the sale of the entire parcel. If the acreage can be easily divided, you can petition a court to do that, award you half, and then let her deal with her tax problems herself.
It might be possible to gain the property through adverse possession by "adversely possessing" the property for over 10 years. It will then require a lawsuit in which you get a declaratory judgment that "declares" you the owner.
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