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

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.

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Attorney answers 3

Best Answer
Posted

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.

Asker

Posted

There is a mortgage loan on the house, which my name not on but am making all the payments.

Asker

Posted

No one was awarded the house in the divorce. He live on one side and I on the other.

Asker

Posted

Thank you very much.

Orsen E. Paxton III

Orsen E. Paxton III

Posted

I guarantee you that the divorce decree spoke about ownership of the house. The only way it couldn't is if your and your husband did not disclose the house to the court.

Posted

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. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

Orsen E. Paxton III

Orsen E. Paxton III

Posted

The Texas Probate Code does contain a "widow's homestead" right which provides that the surviving spouse has a life estate in the "homestead" regardless of who inherits the homestead. But, that does not apply here because there is no widow. It works the same way for widowers incidentally.

Asker

Posted

Neither one of us was awarded the house in the divorce. He stayed on one side and I stayed on the other.

Asker

Posted

Thank you very much

Posted

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 answers to your case