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Updated almost 12 years ago,
TEXAS - Community vs. Seperate property - need advice
Hey Folks,
Let's say a lady (let's call her "mom") in Houston is named on a warranty deed through public records. Several years back mom was named along with her husband ("dad") on said deed, and once he passed away a few years ago she filed to have his name taken off. He didn't have a will, and this house was given to both of them as a wedding gift a long time ago.
Long story short, mom would love to sell her house, but her step daughter (dad's daughter) seems to think she has some ownership rights (and she may), and therefore doesn't want to sell at a price anywhere near what a run down vacant house should sell for. Mom, on the other hand, is very motivated. With back taxes looming, the house may be gone soon anyway. The step-daughter doesn't contribute anything towards taxes, etc., just wants more money at the sale.
Is this whole deal hinged around the step-daughter? From my understanding there will need to be an Affidavit of Heirship completed if this goes under contract, which will give way for the step-daughter to contest the sale, etc.
As of now I'm staying away unless there is a work around I don't know about.
Grateful for any advice.
-Derek