Real Estate Law
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Hi and welcome to JA. Ray here to help you today.
If you are joint owners here, each had undivided 50% share.Walking it off doesn't work here.The only way to divide it here for you is to file a suit to partition the entire property/The court can then divide it, the orders serve as the deed where each of you gets a true 50% of the property.This may involve a court ordered survey.You will need a local lawyer there in Livingston, you may want to start at title company to resolve it.Neither one of you has a divided interest. A quitclaim can only convey an undivided interest here which is what your ex owned.You need the title lawyer to file for partition here in Texas and have it divided.Once that is done you are free to fence your share of the property.
This is going to be a problem that you need to address here.You have a title problem here, both of you own undivided 50%, to be able to legally fence this the court has to award you a surveyed 50% share by court order, and the other party gets 50%.Both parties have to share the legal fees and survey.Judge will force the other party here to pay their 50% share of fees here.I am a Texas lawyer, I was a title lawyer in Livingston many years ago and am familiar with the county and your situation.
I am sorry if this is a surprise but you have a bigger problem here, a partition is necessary.Thanks again let me know if you have more follow up.
The quit claim did not divide the property legally, it just conveyed spouses undivided 50% to the other party.This can be corrected but nobody has specific rights until it is properly surveyed and divided by a court here in Polk County ,Texas.These are heard in the District Court there in Livingston.
They can fix this here by partition
Polk County Abstract Inc.
Address: 802 N Washington Ave, Livingston, TX 77351
Law Office of R. Malcolm Jones
415 N Washington
Livingston, TX 77351
So was there a survey here that give you sole interest with meets and bounds description from a surveyor, or did you just "walk it off " so to speak and he did a quit claim.If you have a deeded interest here you can fence it on the property line.
You may want to contact the either the title company or local lawyer I gave you to see what it is you own.If he is the remainderman of your half, with you having half you may have title issues since a quitclaim conveyed anything he owned his half and your remainderman half. Honestly you need the peace of mind here that the title company verifies you still own a divided half interest in your name.It sure isn't clear that you do.I am not trying to scare you but there may well be title issues especially if you want to sell yours someday.Any problems are easier to fix now to get it ready to sell.
When he sold this not as part of a divorce you lack having a judge review it no telling whether the deed was valid here and what it conveyed.It would be money well spent to see where you are title wise and what problems you are facing.Again if it turns out you have clear title with a property line you can fence it and sue him here in small claims for the cost of a fence.
Thanks for the chance to help you today.
Yes if you have a deeded title here--it has boundaries in the property description, then you are free to fence it , sell it etc.If this is jointly owned they each has an undivided interest.If this is your half acre then you have right to fence it and he cannot cut it.You can sue here in small claims yourself for the cost to repair it.
You might also want to report this to the police as well to see if they will help you.I am so sorry you are having to deal with this.