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Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31590
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I need to get rid of a squatter, Texas Montgomery County,

Customer Question

I need to get rid of a squatter
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Texas Montgomery County
JA: Has any paperwork been filed?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: This person is the son of my husbands mistress and he says my husband has given him permission to be here
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Roger replied 4 months ago.

Hi - my name is ***** ***** I'll be glad to assist.

Who owns the property where this person is staying?

Customer: replied 4 months ago.
The property is in both my husbands name and mine my husband moved a trailer on the property then moved this young man in I have no idea where my husband is the trailer is not registered with the county I have reported it and the county has verbally told me that it has to go but so far they refuse to issue anything in writing
Expert:  Roger replied 4 months ago.

Ok, Thanks.

If your husband did give him permission to occupy the property, then he can stay -- even if it is not with your consent -- since one landowner did give him permission. However, if the permission is not in writing and if your husband is nowhere to be found, then you could order him off of the property, and if he refuses, you could either charge him with trespassing and get a court order removing him or go through the eviction process and have him removed that way.

Expert:  Roger replied 4 months ago.

Either way, you're gong to have to get a court order directing him to vacate the property if he will not go voluntarily.

Expert:  Roger replied 4 months ago.

If your husband does maintain that he has permission to be there, the only thing you could do is file a partition suit to divide the property equally between the two of you and your husband your own individual tract.