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partition of real property

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abauer

Junior Member
What is the name of your state? Texas My first husband and I bought a house in 1994, he then passed away in November 1995, under Texas Homestead Law I have a right to life estate and under Texas Probate Law his 1/2 passed to his heirs. I no longer live in the house so I have the option to partition the property, which I am doing, however what I don't understand is did his 1/2 of the mortgage also pass to his heirs, because according to what I've been reading in Texas Probate Law debts that came with the estate pass also. I have an attorney, but he says that they are not responsible for the mortgage. Heirs are being nonresponsive to any thing that is sent to them so I am trying to find out what my rights are. Actually my attorney says they have absolutely no responsibility to said property. I can understand this if in fact he had lived in the house for say 15 or 20 years and their was equity in it while he was still alive, but there wasn't.
 


nextwife

Senior Member
Huh? Why would you NOT share responsiiblity for the mortgage on a property you owned jointly? The coborrower is deceased, and you are the only surviving signatory to the mortgage. The mortgage company gave the loan to YOU (and your late husband) and it is YOU who is liable and in default if the mortgage is not kept current.

The ENTIRE property gets foreclosed if the mortgage is not paid.
 

abauer

Junior Member
Nextwife- I do actually understand that I am responsible for mortgage, however anything I do to the property, such as get a home equity loan or outright sell it I have to get permission from them because they are 1/2 owners per state succession law. This also means that in order to sell property I have to go through the court or wait until they decide that they are going to be cooperative and guess at whose expense. I no longer want the house because my second husband got a transfer so we have moved. Yes I pay the full mortgage, but I only have partial rights. That is my point .
 

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