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Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
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Experience:  30 years of experience
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Texas is a community property state. My sister has been

Customer Question

Texas is a community property state. My sister has been seperated from her husband since the 80's and legally seperated for over 15 years and he was in jail for about 5 years. My dad deeded the house we grew up to me and my two sisters about 5 yrs ago. We have a buyer for the house.We are told that we cannot sell our house because my exbrotherinlaw will not sign the document that states that the property is not his homestead. He is not wanting to sugn because of his recent fueding with my sister, What can we do? Please advise
Submitted: 1 year ago.
Category: Legal
Expert:  Gerald, Esq replied 1 year ago.


Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

Yes, Texas is a Community Property State, but Community Property Laws do NOT apply to defined Separate Property.

Separate property is that property which is solely owned by a spouse, and it is generally defined in the Texas Constitution (Article XVI, section 15). Separate property includes property received during marriage by gift or inheritance. Clearly this property fits that definition. Whoever is telling you that you need the Brother-in-law's signature is incorrect. Nevertheless,

The easy solution to this is to go to the Court in the County where the property is located and obtain an Order designating the property as separate.You do this by Petitioning the Court for a "Just and Right" division of property. Since Separate Poperty is Constitutionally Defined the Court can not divest your sister of her property and any claim by the brother-in-law would be deficient.

It would be easiest to have a local real estate attorney draft and submit the Peition. The matter should be relatively simple to resolve and I can not imagine that it would cost much to resolve.

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Good luck,

Please note: Information given is not legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.