Legal Question in Wills and Trusts in Texas

my mom left me 50% of the house i live in and my brothers 25% each who dont live here. There is no morgage and I pay all the taxes and they dont. Do they have the right to live here with me?


Asked on 1/12/11, 8:00 pm

1 Answer from Attorneys

Keith Engelke Law Office of S. Keith Engelke

Possibly.

Paying the majority of the taxes does not give you the exclusive right to live in the house. Your brothers do have an obligation to reimburse you for the their share of the taxes which you have paid.

Generally when property is held in cotenancy, each cotenant has an absolute right to partition the property. You and your brothers are cotenants. There are two ways to partition property. One way is to divide the property among the owners. The other way is to sell the property and split the proceeds.

If you had a homestead interest in the house, this might bar partition. A survivorship homestead might bar partition and may give you a possessory right to reside in the house to the exclusion of your brothers. Usually this interest is reserved for surviving spouses. You should see a local attorney who specializes in probate and property law.

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Answered on 1/18/11, 6:29 am


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