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 […]
Category: Real Estate Law
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 […]
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 […]
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. […]
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 […]
Misinformation About Claim Deadlines and Insurance Related Harvey Damage
It has been brought to our firm’s attention that there has been quite a bit of misinformation circulated on social media about a purported September 1, 2017 deadline to file claims for damage related to Hurricane Harvey. Additionally, it seems that some of the confusion has been caused by unscrupulous lawyers hoping to capitalize on […]