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 Dear George: I'm preparing for a divorce after nine years of marriage. Is it true that if you purchased your home during the marriage, that it's community property? And if one spouse dies, that spouse's half will go to his or her oldest surviving child?
Answer: Probate and the rules associated with it are matters that are best addressed by attorneys who specialize in that area of the law. Assuming the property is homestead, whenever property is acquired during the marriage, it is presumed to be community unless it was purchased with a spouse’s separate funds, was a gift, or it was inherited. Upon death, community property goes to the surviving spouse. If the decedent has children not of that marriage (by another relationship), the community property is then inherited (half) by the children. Mom, who has ownership of her half, also has a life estate and right to possession of the total property (surviving spouse's interest). In other words, there are more twists and turns that might be pertinent to your question than could possibly be dealt with in this column. Hire an attorney to obtain the answer based upon your specific situation.
Dear George: My tenant moved out of a condo without paying the last two months of rent, and left some personal property. The tenant's boyfriend wants to pick up the property. The tenant claims she doesn't have any money, so I'm assuming she will not pay any back rent or late penalty. I've already changed the locks and sent letters advising her of her default. What should I do with the belongings?
Answer: Assuming you have not defaulted on your obligations as a landlord and there are no exemptions to which she may be entitled, you have three viable choices:
- Since you apparently have communication with your defaulted tenant or her boyfriend, communicate with one of them to find out what, exactly, they want you to do and what would they be willing to give you in exchange./li>
- Point out your rights under the written lease contract (specifically, paragraphs 10, 23, and 27), and give them a date certain that they must pick up her belongings. If they don't, you will exercise your contractual rights as specified under the terms and provisions of her lease contract.
- Inform one of them that they are compelling you to hire an attorney to protect your interests, and that you most certainly will and that you will request attorney fees and court costs from the tenant if it comes to that.
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| Dear George: I'm going through a divorce in California; however, I purchased a property in Texas and obtained financing on my own. Although my ex-to-be is not on the title or on the deed of trust, the title company had him execute some of the loan documents requiring his signature (note the note or trust deed). Prior to the close, I requested they draw up a deed for him to sign off his interest. They prepared a warranty deed for him to execute and have notarized, and I will record after the divorce in Texas. My attorney in California reviewed this deed and wants to know will this deed relinquish his interest on my home in its entirety?
Answer: We're assuming the special warranty deed is a part of the divorce decree and agreement incident to the divorce. If that is the case, it becomes effective upon the divorce and can then be delivered and recorded.
Dear George: I have some issues with the way a property manager, who is also a REALTOR®, handled my rental property. There were a lot of things not done. The agent completely ignored my requests and requirements. This attitude resulted in extra charges. Is there a site other than the Better Business Bureau to report problems with a REALTOR®? This agent belonged to a franchise.
Answer: Report your problem to the broker of record of that agent's office. Look up the office on the Texas Real Estate Commission's Web site. The broker of record or designated officer will be indicated on the list displayed. Or, you can simply call the firm and ask who its broker is. Also, call the Texas Association of REALTORS® at 800/873-9155 and ask to speak with someone regarding the Ombudsman Program. This program is designed to handle situations such as yours. That is, when a consumer has a problem with a particular REALTOR®, a specially trained volunteer REALTOR®, the ombudsman, will communicate with you. The ombudsman will listen to your side and contact the REALTOR® with whom you are having the problem to listen to his side. The purpose is not to settle the dispute, but to make sure that you, as the consumer, are fully aware of all the options available to you including without limitation, filing a complaint against the REALTOR® and the broker with the Texas Real Estate Commission, or filing a lawsuit against the REALTOR®.
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