I divorced my husband a year before he died. His sister was appointed adminstration, over his estate. He has a daughter.

Asked over 1 year ago - Fulshear, TX

She is the heir's of his share of the house. My name is on the deed, can they make me move. I have been living here 10 years.

Attorney answers (3)

  1. Orsen E. Paxton III

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    Contributor Level 18

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    Answered . I have to make some assumptions in order to address your situation. Because you say "his share of the house" I am going to assume that the divorce decree award your husband and you an interest in the house but awarded you the right to reside in it. If that is an incorrect assumption then this response is incorrect. The divorce decree would have created a separate property interest in you and a separate property interest in your husband. I am going to assume that your ex-husband died without a Will because you say his daughter is his "heir". Persons who receive under a Will are called "devisees" or "beneficiaries". It is true that his children would inherit his separate property if he died without a Will. But, there will have to be some type of probate procedure on his estate to prove who his heirs are. I assume that has been done because you say that his sister "was appointed administration." An administrator of an estate cannot take any action with regard to estate assets without court approval in advance. So, if she wants to try to evict you she is going to have to get the court to consent. That gives you a chance to argue your position. That means you will need a lawyer. I do see a potential concern. If all my "ifs" are correct then the daughter did inherit her father's ownership interest in the house. That has value and she might be able to bring a partition action to force a sale of the house. You do not say whether or not there is a mortgage on the house. These are a lot of words and you still don't have a real answer. The language of your divorce decree is going to be very important. So, take it to an experienced probate lawyer. Provide him/her all of the facts and get some peace of mind.

    DISCLAIMER: This is not specific legal advice and does not establish an attorney/client relationship.
  2. James P. Frederick

    Contributor Level 20

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    Answered . Who was awarded the house in the divorce? The title may not matter, if the court ordered the house transferred to your ex-husband. Otherwise, I believe that Texas has some homestead protection built in that would prevent the daughter from forcing you to sell. This is something you need to see an attorney about, however, because if your home is at risk, you cannot take ANY chances. Meet with a probate attorney, as soon as you can.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******... more
  3. John Naumovski

    Pro

    Contributor Level 13

    Answered . I agree with the above attorney's advice

    the information provided above is for information purposes only and you should consult an attorney for specific... more

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