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Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102600
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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My daughter moved into my house without signing the agreement

Customer Question

My daughter moved into my house without signing the agreement I gave her....that when I came in to town to stay at my house she would not drink while I amy there.....which has never gone by....she drinks and I can not be around ..... I know that she thinks if she lives there long enough it becomes hers ..... '
If this is true what do I need to do to protect myself from this....I can not even move back if I wanted too..this is taking place in Humble, Texas 77338 Harris county....
I would like to hire an attorney In Houston to handle this and a few other thing I need to do .
Thank you,
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Ely replied 2 years ago.
Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; (B) If you receive a phone call offer while we chat, know that this is an automated test feature the site is running. Due to possible ethical issues, the site allows experts not participate in phone calls and I normally decline them. Unless the phone call offer you receive literally states "THIS OFFER IS FROM ELY" (which means I personally initiated it), please do not entertain any such offer; and (C) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
I am sorry to hear about this. What exactly do you wish to do - do you want to evict her from the house, in essence?
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 2 years ago.
Not at this time........I want to make sure she does not have rights to take over my home (for living there now or for so long it becomes her's...)
Expert:  Ely replied 2 years ago.
Thank you.
She should not provided she lives there with your permission.
What you are talking about is called squatter's rights, known as "adverse possession" in legal terms. An adverse possession claim requires proof of six elements: (1) actual possession of the disputed property, (2) that is open and notorious, (3) that is peaceable, (4) under a claim of right, (5) that is adverse or hostile to the claim of the owner, (6) consistently and continuously for the duration of the statutory period. Glover v. Union Pacific R. Co., 187 SW 3d 201 - Tex: Court of Appeals, 6th Dist. 2006 (internal citations omitted).
In other words, she would have had to live there for years without your permission. Provided she has permission, then element #5 is not satisfied and thus, she cannot claim adverse possession.
To solidify this, one can send a certified letter to her stating "you are free to live here for now, but at my discretion which can end at any time" (or something akin to this) This does two things: (1) shows that she was living with your permission, thus, disallowing her to claim adverse possession, and (2) confirms unto her that she can be made to leave at any time if you want.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.