lilcrow,
I think what HomeGuru is asking you is---- exactly how is the title held between the two parties?
Both you and the OP would do well to understand that HomeGuru wouldn’t recognize a volume of “
Powell on Real Property” from a Sears tool catalogue or a law library from a Wal-Mart Garden Center.
He knows as much about American Jurisprudence as Meredith Wilson’s Broadway stage character and con artist, “Professor Harold Hill” knew about music.
(Who in the book written for the famous musical was aptly described in Act One by “Charlie” the traveling anvil salesman as “
a bare faced, two-bit, double shuffle, thimble rigger!”
Like the boys' band instrument salesman, “Harold Hill” - who "Chalrlie" claimed “
didn’t know a bass drum from a pipe organ”’, HG tosses out "legal advice" without possessing on an iota of a professional credential!
_________________
Here the OP clearly states that he and his friend acquired the property with
both “names on the deed”. Plus the post twice refers to their separate
“1/2 interests”.
What more information is needed to understand that they created an estate in cotenancy, hold title to the property as tenants in common with each owning an equal, undivided interest?!
For reasons unknown to HG an estate in cotenancy is the worst possible way to hold title to real property. If title is left as is, it will eventually spawn legal headaches and very expensive legal headaches!
Inasmuch as the co-owners use the house infrequently they would do well to list and sell the property before one of them dies and the survivor is forced to deal with multiple co-owners. Each of whom would have equal rights to the use of the home and each of whom would need agree in order to sell the property.
The owners desperately need to speak with a lawyer based in Texas familiar with the laws relating to cotenancy. Laws that are complex and complicated and not to be researched by lay people, particularly via the Internet.