Legal Question in Real Estate Law in Texas

Re: Inherited property expenses

The answer to this question depends on how the house is held. Does your step-father have just the homestead rights, or does he have a 1/2 interest plus homestead rights? Is he giving up his homestead rights, in which case the division of expenses and indeed possibly ownership of the house is different than if he keeps his homestead rights?

It also involves a practical question as well as the legal question. True, if he were living there, he would need to pay the utilities, etc. However, if he doesn't pay them, who's going to lose out in the end? You.

Technically you do not owe any of the monthly utility type expenses that would not be incurred if no one were living there. Such as electricity, gas, phone. However, if you both have agreed to sell the house, then you both may decide to keep some of these on, to help sell the house.

The question of whether you need to pay half of improvements to help the house sell is more tricky. If he makes improvements without your consent and agreement, then I would say that you don't owe 1/2. However, you may decide that you want to be involved in the process, to help the house sell, and make sure things are done right. After all, you will be receiving 1/2 of the proceeds of sale.

This is going to end up more of a practical and social decision for you, rather than a legal one. If you are not prepared to make a deal with your step-father, better consult with a lawyer so that he or she will know all of the details and be better able to advise you.