Legal Question in Real Estate Law in Texas

Lease-option to buy contract and Title dilemma

My husband and I are buying a home with a lease-option to buy contract. It turns out the individual who presented himself as the owner and signed the contract is not on the title. His girlfriend is the actual owner and he is still married to another woman, although they have been legally separated for 15 years. The girlfriend and the individual are the only two people on the original loan. Our investor obviously wants the title put in the name of the individual who signed the original contract. My questions are: 1) what is the wife's status in the sale of this home in the event they get divorced? Will she have any legal claim to our home? 2) What legal recourse do we have if they refuse to change the title?


Asked on 7/31/01, 6:31 pm

1 Answer from Attorneys
Lawrence Maun Lawrence J. Maun, P.C.

Re: Lease-option to buy contract and Title dilemma

Your contract is not with the owner of the property. You may have an action against the boyfriend for fraud, but the owner has no obligaation to you, unless you can prove she participated in the contract. Best to get a new agreement, in recordable form, have it signed and recorded. Be sure all of the terms of sale are in the contract. L. Maun 713-266-2560

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Answered on 8/01/01, 9:50 am


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