Legal Question in Real Estate Law in Texas

Re: question regarding my home

Unless she cooperates in dividing it up, you will need to contact a lawyer to file a "partition lawsuit." Then, the resulting court order will allocate and divide ownership according to ownership interests what was paid to maintain and preserve the property.

Re: question regarding my home

ASSUMPTION #1: Title in only in your name: If you took title to the house in your own name, her status is no more than that of a guest or a tenant-at-will. Under these circumstances, she arguably becomes a trespasser when she is instructed to leave and refuses to do so. However, because her inital occupancy was peaceful, don't count on getting any help from the DA's office. They will consider it a civil matter to be resolved by the civil courts. You will be left to bring a civil action to evict her. This could be done in a forcible detainer case that you can file with the Justice of Peace.

ASSUMPTION #2: Title is in both names. I assume this to be the more accurate assumtion because you state "my girl friend and I bought a house together" This means that you are co-owners or co-tenants. Absent some type of special agreement, co-tenants have an equal right to use the property, and each owns an undivided 1/2 interest in the property. Each co-tenant is obligated to contribute his 1/2 half toward paying taxes, maintenance, and the purchase money liens. A co-tenant has an absolute right to go to court to have the property partitioned. In this scenario, the court will find that the property cannot be partitioned in kind, and will either appoint a receiver to sell the property, or have the house sold at a sheriff's sale. Each of you will be entitled to half of the net proceeds. However, from her half there will be deducted her 1/2 of the taxes and mortgage payments that you paid for her. Depending upon what portion she paid down and whether putting her name on the title was a gift initially, she may or may not have her 1/2 of the down payment deducted. THIS GOING TO BE A VERY EXPENSIVE LESSON FOR PLAYING HOUSE, BUT THAT IS WHAT LAWYER ARE HERE FOR.