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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55591
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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My wife bought a home but my name is not on the loan becauce

Customer Question

Hi my name is***** and my wife bought a home but my name is ***** ***** the loan becauce of my challenge credit. So she passway a few years back an she have a daughter and son. Now, i moved out of the home tobe care for because of my health and her son stays in the home now. Can i eviction him from the home in eviction court.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Richard replied 1 year ago.

Hi Yul. My name is ***** ***** I look forward to helping you.

Can you provide me just a bit more information? Are you now the owner of the home? And, in what state is the home located? Thanks.

Customer: replied 1 year ago.
The estate is in my deceased wifes name. Can i evict him from the home, the home and myself in Houston,Texas.
Expert:  Richard replied 1 year ago.

Thanks for your response. Did your wife have a will? If so, did she leave her interest in the house to you? This was your principal residence while she was alive? Thanks.

Customer: replied 1 year ago.
Richard, no will, can i evict him in court.
Expert:  Richard replied 1 year ago.

Thank you. Yes, you can. Even if there is no will, you are entitled to a life estate in the house as long as you are alive. That gives you the right of occupancy during your life. As such, you control who occupies the home while you are alive. When there is no lease, the occupant is considered an “at will” tenant and treated legally as a month to month tenant. As such, you can terminate their tenancy by giving written notice of at least 30 days. If they do not leave voluntarily, under Texas law, you will then need to give a 3-Day Notice to Quit...meaning they must vacate the premises within that period or face formal eviction. Then, if they still have not left, you will have to file a petition for an eviction order. Once that is can have the sheriff evict. Unfortunately, you are not allowed to move their stuff out, change the locks, or take any other means of "self-help" eviction prior to obtaining the eviction order.

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you could just force him out immediately, but I can only provide you information based on the law so that you can act on the best available information to you. ………..I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). I thank you in advance for taking the time to provide me a positive rating!