Legal Question in Real Estate Law in Texas

Real Estate...

If a residence is owned by two people,is it illegal for one of the owners to remodel and put the house up for sale with out the others knowledge or consent? If so what actions could be taken against the person trying to sell the house?


Asked on 1/15/07, 6:32 pm

1 Answer from Attorneys

Cheryl Rivera Smith The Smith Law Firm

Re: Real Estate...

It is not illegal, but there will be no binding contract as to the remodelling lien if the property is a homestead. If the property is not a homestead, then the lien will not affect the non-participating owner's interest. On the sale,one owner could sign a listing agreement, but only a really stupid realtor would take it. Then, if a contract is signed, then the one owner could only sell his or her undivided interest - assuming that title is not held with joint tenancy with right of survivorship.

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Answered on 1/16/07, 8:57 am


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