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Brother never changes deed in my name what can i do if it was a verbal agreement

San Antonio, TX |

we traded houses and he just never changed deed as agreed 19yrs have passed and I have paid taxes on this property ever since, this was a verbal agreement that his parents are aware of and brothers since he has confirmed it to them numerous times but that is all i have no bill of sale or nothing just where i pay taxes

The reason parents are fully aware is because the deed to our property we put it under parents name with notary , so they were fully aware of agreement that we had with older brother (A) as well as other brother (C) since our property was for him(C) but put under parents name

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Attorney answers 3

Posted

There are multiple ways to address this, depending on the facts of your situation. You could make a formal agreement and exchange deeds now. You could also claim what is commonly known as squatters' rights. Of course, this will all depend on the specifics of your situation and what results you are looking for. If your family members are cooperative, the situation will likely be much easier to resolve.

Asker

Posted

Thank you for answering my question, one more thing my brother in law or wife are not being cooperative with us we have been trying to get the deed from them for 19yrs and have not received any deed up to now , she just called yesterday about tax papers she received from county for judgement said they told her she had two options to sell home or pay taxes before 30 days or will go on her credit, I had already call attorney who is in charge of suit to see what was going on , sjnce I had previously spoken with someone in that same office and told me to make arrangements to pay taxes at court house and everything would be fine as long as I paid taxes and then pay court cost with them and not go into default on my payments otherwise they would send letter to state to pay all taxes or face foreclosure since the judgement letter is for putting a lien on house until taxes are paid in full, that was just a procedure they have to do even if we had payment arrangement with tax office so after it's paid in full . Sister in law said the lady she spoke to in attorneys office told her she it would affect her credit and told us she had two options sell home or pay taxes in full, So my husband told sister in law and his brother to just change deed over to our name and they wouldn't have these problems or affect their credit, but then she started getting aggresive and fighting over phone and my husband just hang up phone cause he didn't want to be fighting over this at all.

Asker

Posted

so after paid in full they release lien

Asker

Posted

The point is it our house and my husband brother knows this and his wife , and his whole family knows this , I don't know what's wrong with him my husband is his brother how can he do this to him to us . Now they have like 20 or 25 properties has money he has made this very clear to us , thrown it at our face that we have nothing, compared to him who has so much. He has a home worth like $450,000.00, and 25 more properties and our home or this property is old just worth like $60,000 at the most, I am just worried that they could just come and force us out of our home.

Rafiq Zul Dhanani

Rafiq Zul Dhanani

Posted

All the parties involved seem to want to get the taxes paid. You may need help of an attorney to hammer out the details, especially if tempers are hot. I recommend taking action quickly so you can minimize penalties/fees/interest owed to the county.

Asker

Posted

this is how all this happen 19yrs ago older brother mo came to tell my husband Louis that he had this other property (618)in same street he had just bought and if we wanted to trade our house (630) for the house on(618) and pay the taxes that were behind. Then the (630) house would be for their parents so we agreed to do so and changed our deed in my husbands parents name but house was for other brother jose and wife who were in process of getting a permanent resident card so i couldn't be under there name, and well my husband brother mo never changed the deed for (618)house to our name so that is why we have these problems that haven't been resolved up to now.

Asker

Posted

And I know sometimes you can't pick out your family , this is my husbands family but its more his brother mo wife that is to controlling and just not happy even with all the money and properties they have, sometimes money is bad for some people , and good to others . I am a christian lady all I want is live in peace with our own family we don't like what's going on right now and we have tried and tried to get along I guess I should be ready knowing her she will come or find a way to remove us from our property and she will believe me she is kinda out of it sometimes but i guess it runs in her family her dad was schizophrenic. If you only knew what she has put us through ever since I married my husband and that has been 25yrs already from hitting my mom to the ground when i was pregnant almost losing my baby, but my mom didn't press charges. Jesus said to love thy neighbor as yourself but not everyone does that ,with them but it's always drama so we stay away from them. Thanks for listening to me I am sorry you probably don't want to hear all this, I know it's just a professional view you want. And I apologize I just don't know how to help my husband , thank you once again.

Posted

You do not state why you have not approached your brother and simply asked him to exchange deeds. You also do not state if you deeded your home to your brother.

Generally, a verbal agreement to acquire an interest in real estate was not enforceable under the statute of frauds. However, an exception to the statute of frauds was part performance. So, if you did what was expected of you, then you might be able to enforce the agreement.

You should take all of your documents to a local real estate attorney for review and to prepare and file the deed(s).

I am not a TX attorney, laws vary from state to state, therefore you should always consult a local attorney.

If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.

Posted

The simplest thing to do is ask him for a deed now. A local lawyer can prepare it for you at little cost. If he is not alive or will not cooperate, you should have a local lawyer prove up your ownership under the doctrine of adverse possession.