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    cupcake5's Avatar
    cupcake5 Posts: 7, Reputation: 1
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    #1

    Nov 27, 2009, 08:39 PM
    House on someone else's property
    This is in Texas. We have lived on our parents property, acreage, for 18 years. The house is ours, but the land has never been placed in our names. My parents have placed all of their assets in an irrevocable trust and have told us they are willing all of their property equally, which is absolutely the right thing to do, but I want to know if I have any rights as far as where my home is located. Once my parents are gone, what are the chances that I will be evicted from my own home? My parents had offered to give me the acreage several years back, but I told them they didn't need to, now that they can no longer make logical decisions I am worried as to what my siblings will do. Please advise me on any laws that may protect me. Thankx.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Nov 27, 2009, 08:45 PM

    Is this a mobile or modular home?

    Is there some written agreement that this house is yours.

    Do you have some form of lease that shows you are using their property.

    In general if this is a build frame home, they are normally considered part of the land or property on the deed, unless they are a modular or trailer type of property.

    If you want the property where your home is located, your parents need to have that spelled out specificly in their trust and will.
    cupcake5's Avatar
    cupcake5 Posts: 7, Reputation: 1
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    #3

    Nov 27, 2009, 08:56 PM

    It is a house that we have title to and have been paying taxes on. It has been remodeled, but has been in this location for well over 35 years
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Nov 27, 2009, 09:12 PM

    I am sorry you have property tax and personal property tax in Texas.

    So if you are paying tax on the "house" it is either for the property or for it being personal property.

    So you either have a deed, that includes the land and pay property taxes.

    Or this is a mobile home with a title and you pay property taxes.

    Who are you paying taxes to ?


    How to Calculate Texas Property Tax | eHow.com


    Texas Property Taxes - Taxpayer's Rights, Remedies, Responsibilities, Valuing Property, Home Taxes, Agricultural Land Taxes, Paying Your Taxes, Dallas Lawyer

    http://www.alamotitle-austin.com/lib...pertyTaxes.pdf

    I am sorry, what sort of "title" do you have and with who is it filed.

    I believe this is seroius enough you should see a real estate attorney in your area.
    cupcake5's Avatar
    cupcake5 Posts: 7, Reputation: 1
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    #5

    Nov 27, 2009, 09:20 PM

    The taxes are being paid to the county & school district. The taxes are being paid on the house. It is an actual wood frame house not a mobile home.
    cupcake5's Avatar
    cupcake5 Posts: 7, Reputation: 1
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    #6

    Nov 27, 2009, 09:20 PM
    They are property taxes on the house.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #7

    Nov 27, 2009, 09:24 PM

    Taxes are on the "property" land, and any buildings on it. So if you pay property taxes, you were deeded part of the land?
    cupcake5's Avatar
    cupcake5 Posts: 7, Reputation: 1
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    #8

    Nov 27, 2009, 09:26 PM

    Description on tax statement say that taxes are on the HOUSE only

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