Legal Question in Real Estate Law in Texas
real estate property
My husband's father past away december '04(mother past away in 1999) property taxes are delinquent one of 8 sisters was living in it making small property tax payments. she moved out and now my husband lives there and wants home in his name. Home is paid off. no will left. ten siblings. He does not want to fix it up or pay taxes until he can get home in his name. for some odd reason the property taxes show fathers name and one of his sisters names. what steps will he need to take to get title in his name? How does he obtain the title to the home now? nobody knows where it is at. about how much will this cost him? also, if he does put money into home and pay property taxes if the sister who is on the property taxes comes and fights for home can my husband sue for property taxes he paid and the money he put into it?
2 Answers from Attorneys
Re: real estate property
You will need to first determine who is in title right now. I can't really tell from your facts. A title company or law office will do this for a small fee. Once you have determined who is in title, then those people (if alive) or their heirs (if dead) will need to agree to transfer the property to you. This can be accomplished with a family settlement agreement. After that, you will need to clear out from title any deceased person's ownership interest. In most cases, this can be done with affidavits of heirship. Finally, warranty deeds will need to be done to transfer everyone's ownership interest to your husband.
Re: real estate property
He will need an affidavit of heirship and deeds from all of the siblings to perfect title - the old deed is not necessary. The sister name on the tax roll has no effect on property rights. Your husband may be entitled to reimbursement for money used to improve the property or to pay taxes, but it may be offset by his use of the property unless he is paying rent to siblings.
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