Legal Question in Wills and Trusts in Texas

My boyfriend and I purchased a home together in 1984. his name and mine are on the warranty deed.

1n 1996 we separated due to his infedelity and mental & physical abuse, I was forced to leave our home. He had said that eventually we would sell the house & split the amount. or he would buy me

out, however each time I brought this subject up he would threaten me. The house was paid off in

1998. I strugled years of dialysis and a kidney transplant Having to live on disability and renting

dumps to live in, because he was living in the home.

He died in May of 2010 and did not have a will. What are my rights as the remaining home owner? his mother has been named as the executor of his estate. He had no financial obligations owed. Do I have the lawful right to move in to my home? This property is in Tarrrant Couty, Texas


Asked on 7/17/10, 3:39 am

1 Answer from Attorneys

Roger Merrill Merrill & Associates

Yes, as a joint owner you have the right to live in the house. However, the Estate of your boyfriend will likely attempt to have the property sold; so you might want to talk to his mother to find out her intentions. If you have low moving costs, then it probably would make economic sense to move back since real estate markets are generally depressed and it will probably take some time for the property to sell.

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Answered on 7/17/10, 10:36 am


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