Legal Question in Real Estate Law in Texas

Will I lose my house

I bought a house from my step mom and dad. I had a contract that was notorized, The contract states that once the house is paid off The sellers will they will give me a warranty deed. I paid the house off in April 2008, I found out yesturday that my step mom has filed for divorce she states that her attorney says not to sign anything regarding my house because it is considered marital property. how can that be. I paid the house off in April and was waiting for her to sign papers. It was paid off before she filed for divorce. She is using my home to get to my dad. I need help. With Texas being a comunity property state will my home be split in the divorce My dad says if he is given my home he will give it to me. but how can it be considered theirs if I am the one that has paid it off, paid all property taxes. My dad will also lose in the end. being awarded a home that was never really his. They never lived in the home, They took out a loan to buy this house so we could move here from MO. I have made every payment starting from payment #1. neither one of them has any money in this home. There was a 10 year note and I paid it off 5 years early. I dont want to lose my home.


Asked on 9/12/08, 12:16 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: Will I lose my house

You should not lose your house you have a signed, notarized contract and have fully performed. If what you say is true, I think she (or her attorney) is wrong about the marital property. If you have the patience to let them iron out their differences, it may be best to wait, treat the house as yours, and wait for the end result (delivery of your deed). If you want to push the issue, you could hire a lawyer to file a lawsuit to obtain a court order that will grant you title. That will cost anywhere from $2,000 up. Of course, I would request that she pay all attorney fees and court costs which may or may not be awarded. In the meantime, file the contract in the real property records in the county in which your house is located. Good luck.

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Answered on 9/12/08, 1:13 pm


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