It is common for our firm to receive questions from a former spouse that was a party to a divorce proceeding that did not divide or partition all of the real estate owned by the spouses. Often, an ex-spouse is surprised to learn they are still on title to real property after a divorce has […]
Author: Philip Silberman
Specific Performance in Texas Real Estate Transactions
Specific performance is an equitable remedy in Texas where a party (almost always the buyer) asks a court to force the seller to transfer the property according to the terms of an earnest money contract. A party seeking the remedy of specific performance must prove and plead 1) compliance with the contract including tender of […]
Forfeitures and Terminations of Texas Business Entities
Many businesses in the State of Texas form entities. Whether a business is a registered partnership, a limited liability company, or a corporation, an entity may lose its ability to do business in Texas if an entity is involuntarily forfeited or voluntarily terminated. This article will discuss the law surrounding forfeitures and terminations as well […]
An Overview of Texas Homestead Law
Most residents of Texas are familiar with some basic information regarding Texas homesteads such as property tax exemptions and a vague sense that homestead property has some protection from creditors. Article 16, Sections 50–52 of the Texas Constitution provides all Texans with homestead rights, and this article discuss homestead law and the rights associated with […]
The Common Enemy Doctrine in Texas
The term “common enemy” originates from the idea that surface water is the common enemy of every property owner. Union v. Durkes, 38 N.J.L. 21, 22 (1875). The common enemy doctrine embraces the idea that because water is a common enemy, surface water may diverted at the land owner’s discretion, though the diversion may injure […]
Trump’s Tax Plan and What It Means for the Houston Housing Market
The GOP recently revealed a tax plan called the “Tax Cuts and Jobs Act” that outlines proposed changes to the current U.S. tax code. The House Bill includes a plan that would impact the current mortgage interest deduction, property tax deductions and overall standard deduction limit. Currently, homeowners may deduct interest on mortgages of up […]
How To Vet Contractors For Harvey Flood Repairs
In the aftermath of Hurricane Harvey, many homeowners are beginning the recovery process and facing the burden of repairing property damage. The White House has estimated that over 100,000 homes were destroyed by Hurricane Harvey. Those who suffered property damage by Harvey will begin the recovery process of looking for alternative living arrangements, contacting insurance […]
Navigating The TREC Complaint Process: A Lawyer’s Perspective
This article will attempt to provide a basic overview and our firm’s overall impression of the first phase of the complaint process with the Texas Real Estate Commission. The initial phase of the complaint process begins with the consumer initiating a complaint and ends with TREC’s determination to pursue disciplinary action against the license holder. […]
Amended Pleadings: The Relation-Back Doctrine in Texas
In litigation, it is common practice to amend pleadings. The relation-back doctrine allows an original pleading to be amended or supplemented with new causes of action so long as the new claim arose out of the same transaction or occurrence. However, issues with amendments can arise when a party argues the statute of limitations has […]
Suing Your HOA: Common Causes of Action in Texas
Many communities have established homeowners’ associations (HOA) that set out specific rules and regulations that all residents must follow. The regulations may specify the color you may paint your home, how long the grass may be, and how many cars may be parked in the driveway and/or street at any time. Residents of that community […]