Legal Question in Real Estate Law in Texas

We currently live in a now cramped condo since my mother in law moved in with us. We need to get into a bigger place soon! We have the down payment and good credit but since we need a house to fit her as well we will be extending our selves beyond comfortable means. Is there some legal contract we can have drawn up so that she has to pay us, kinda of like a lease I guess, so she can't up and decide to move leaving us to pay this new large mortgage payment On our own. She does not have good credit so mortgage can't be in her name. We wouldn't get a property this big if she wasn't living with us. Any ideas?t


Asked on 9/21/12, 8:26 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

What you need for her to sign is not "kinda like a lease," it IS a lease.

Your problem is this: The best-drafted lease in Texas is worthless if the lessee is worthless. In other words, if she gets mad at you a year from now (I predict that she will) and moves out, you can certainly sue her, but that won't help you make the next month's mortgage.

I would ask for collateral - does she have any money she can give you to hold in trust? Any land she can sign over to you? Something you can fall back on if she flakes out?

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Answered on 9/22/12, 6:47 am


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