Texas has strong protections from the forced sale of homestead property; however, there are some limited exceptions for certain types of liens that do attach to homesteads. It is well settled that non purchase money loans from hard money lenders will not attach to homestead properties in Texas.If unable to qualify for a home equity […]
Author: Philip Silberman
Consulting Experts vs. Testifying Experts
Experts are a vital part of most litigation in Texas. There are generally two types of experts used in the litigation process: testifying experts and consulting experts. “A testifying expert is an expert who may be called to testify as an expert witness at trial. A consulting expert is an expert who has been consulted, […]
Limitations For Contribution Claims Between Co-Owners
Co-tenants in Texas that bring partition suits often have claims for reimbursements that may include insurance premiums, repairs, improvements, rent and taxes. In many situations, one co-owner of real estate has paid expenses or collected rent for the property for years and sometimes decades.These claims for reimbursements are typically pleaded as a claim for contribution. […]
Adoption By Estoppel
When a decedent with children leaves no will at the time of death (known as dying intestate), the children of decedent will generally inherit the estate. The Texas Estates Code specifies that a child includes an adopted child, whether the adoption occurred through formal proceedings or an equitable adoption. Tex. Est. Code Ann. § 22.004 […]
Disclaimers of Real Estate in Texas
There are situations where a person does not want to take title to real estate passed to them by will or inheritance. Some examples might include low value properties with large tax or assessment obligations, properties encumbered by substantial liens, or properties with large environmental risks. Other reasons for wanting to disclaim real estate might […]
When a Texas Property Manager May Be Liable for the Debts of the Property Owner
Property managers routinely contract for services to properties on behalf of the owner. Commercial real estate projects including apartment complexes, retail centers, and office buildings need a variety of services for things such as landscaping and janitorial. Service agreements are often signed and orders are placed without much thought as whether the property manager has […]
Suits in Texas For Real Estate Commissions
There are many types of oral contracts in Texas that are legally binding and enforceable under the law. For example, a homeowner might make an agreement with a landscaping service for weekly yard maintenance without any documentation. This is an example of a binding and enforceable agreement, and failure of the homeowner to render payment […]
Liability Between Co-Borrowers on a Note
A person who signs a note and promises to pay a certain sum is known as a maker on the note or payor. It is not uncommon in Texas for there to be multiple makers known as co-borrowers or co-makers on a note. While it is well known that co-borrowers are jointly and severally liable […]
Partition of Homestead Property in Texas
Partition is the division of land where property is divided (partition in kind) or sold (partition by sale). It is well known in Texas that co-owners of real estate have an absolute right of partition. Spires v. Hoover, 466 S.W.2d 344, 346 (Tex. Civ. App. 1971), writ refused NRE (July 28, 1971). However, does the […]
Gifts and Transfers of Real Estate Between Spouses
Spouses often have various reasons for transferring real estate between themselves. Reasons may include asset protection strategies, tax record preferences, a desire to make a gift, or a bona fide purchase between spouses. Below is a discussion of methods of transferring real estate between Texas spouses.Separate Property to Community PropertyConverting separate real estate owned prior […]