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    Edensmimi's Avatar
    Edensmimi Posts: 105, Reputation: 7
    Junior Member
    		  
    #1

    Sep 14, 2009, 11:00 AM
    Squatters Rights In Texas
    My mother in law has been allowing my sis in law and her husband to live in her home for about 7-10 years now my mother in law was living some where else. Well now my mother in law is very ill and needs to sell the house so she can go into a nursing home. She recently added on to the house and was living there until my bro in law was very mean to her. They were suppose to pay rent but never have. He now says the house is his, she needs help badly so she can get the care she needs. They refuse to move out. Help her please! Thank you in advance
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
    		  
    #2

    Sep 14, 2009, 11:05 AM

    Who paid the taxes on the property? If mom paid she's still the owner, if brother-in-law poaid he may be the new owner unedr adverse possession laws. Not sure of all Texas laws so check that out.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
    		  
    #3

    Sep 14, 2009, 12:22 PM
    Hello E:

    If I were your mom-in-law, I'd hire a lawyer to evict them and handle the sale. I doubt they have any rights.

    excon
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
    Ultra Member
    		  
    #4

    Sep 14, 2009, 05:30 PM

    Im with Excon... file for eviction. Let them countersue for adverse possession... which I do not believe willl apply.
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
    Expert
    		  
    #5

    Sep 14, 2009, 06:18 PM
    They do not qualify for ownership by adverse possession. In every state, adverse possession requires that the person's use of the property is "hostile", which means that they live there without the owner's permission. Since they had permission to live there they do not qualify for anything other than basic tenants' rights.

    Follow the state law for terminating a tenancy and then file a lawsuit for eviction.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
    		  
    #6

    Sep 14, 2009, 06:29 PM

    No, they are merely unpaid renters, they have no rights to adverse possession. She merely laughs at them, and tells them to start paying rent or move out, if they don't, then merely file in court for eviction
    legendstormcrow's Avatar
    legendstormcrow Posts: 14, Reputation: 2
    New Member
    		  
    #7

    Jan 21, 2011, 05:11 PM
    Once again I got to side with the excon. Sign for eviction but stay somewhere else until it clears up. Wish ours were so easy. I got to find a way to tear this up.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
    		  
    #8

    Jan 21, 2011, 05:54 PM

    This is from 2009 AND Lisa is, in fact, a real estate attorney.

    Long dead thread.
    pamrose100's Avatar
    pamrose100 Posts: 1, Reputation: 1
    New Member
    		  
    #9

    Sep 3, 2012, 02:58 AM
    Am in similar situation state of Texas. My mother purchased a home for me, my husband & son to live in after my dad passed. Supposed to be my inheritenace, but also as an investment for herself, she gave my other two sisters each twenty thousand to buy their homes & mother is also a co signer/owner on my youngest sister's house. After she decided to sell the house her and dad lived in, moved in with us about 2004. We have always paid the mortgage and all utilities, upkeep, repairs, improvements, maintenance, mother has paid the taxes, insurance, because of homestead & over 65 exemptions along with HOA/maintenance fees. Now in the last few months my husband and I have happened on hard times, lost my job, husband in construction self employed , broke his foot. Mother has had to pay the $600.00 a month mortgage since March 2012, She decided didn't want to, so put house up for sale without our knowledge. Sale sign went up on a Thursday, contract with buyer by Tuesday. We are now basically evicted on paper and put out on the street with barely little notice. Since my husband and I have supported this home for 14 years is there anything we can do to prevent or delay the sale of property as our homestead or squatters rights.
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