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 […]
Read more...Category: Real Estate Law
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 […]
Read more...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 Property Converting separate real estate […]
Read more...Texas Certificate of Merit
Tort reform in Texas has made it critical for plaintiffs to ensure that all threshold requirements are met before filing lawsuits against certain professionals. Failure to comply with certain conditions precedent may have dire consequences. Texas law requires a plaintiff to file a certificate of merit contemporaneously with a lawsuit against certain licensed or registered […]
Read more...What Comes First: The Lien or the Homestead?
Texas is famous for having some of the strongest protections for homestead property in the country. The state is often described as a debtor’s haven where individuals with numerous judgements can live without fear of foreclosure in homes worth millions of dollars. With very limited exceptions such as purchase money liens and mechanic’s liens, the […]
Read more...Foreclosing on the Landlord’s Contractual Lien
Almost all Texas commercial leases include a section that provides a Texas landlord with a lien on the tenant’s fixtures and personal property. Often, these contractual liens are overlooked by both landlords and tenants until there is a default by the tenant. The below is an example of pertinent language from a typical landlord’s lien […]
Read more...Nuisance Law in Texas
Nuisance is generally the interference with the use and enjoyment of real estate that may result from some wrongful act causing damages. Crosstex N. Texas Pipeline, L.P. v. Gardiner, 505 S.W.3d 580 (Tex. 2016), reh’g denied (Dec. 16, 2016). While Texas recognizes both public nuisance (e.g. littering in a park) and private nuisances (disputes usually […]
Read more...Adverse Possession Against Cotenant Heirs in Texas
It is common for a person to inherit partial ownership (e.g. an undivided 1/4 interest) in real property from a relative, thereby becoming joint owners with another family member. Often times, our firm receives calls from potential new clients explaining that they inherited a property owned by multiple heirs many years ago and have been […]
Read more...What to Do When Your Divorce Did Not Divide Real Estate
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 […]
Read more...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 […]
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