Houston Chronicle Sunday

You can take title to new property when involved in divorce

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Q:

My partner and I are getting a divorce. I am buying a new house and the closing is occurring before our divorce is final. Can I take title to the property as my separate property while we are still married?

A:

Yes. You’ll have to have a separate property agreement and record it in the real property records of the county in which the property is located.

Q:

I loaned money to a relative to pay her taxes and had her sign a mortgage and note to pay me back. She has never made a payment in four years. Am I going to have to foreclose on her to protect myself?

A:

In a word, yes. Maybe you could extend and renew, but you may have a statute of limitation­s problem. If you don’t exercise your right to foreclose timely, you can lose it. She may know that.

Q:

My real estate taxes are killing me.I’m retired, bought my house 30 years ago, and my taxes are higher than my house payments used to be. What can I do? Do I have to move from my home?

A:

If you’re over 65, you can file an affidavit with the appraisal district and not have to pay your taxes. They will accrue against the house, along with interest, and must be paid when you sell the house or cross over to your next life. This will be a topic in this legislativ­e session. Contact your state representa­tives.

Q:

My HOA is picking on me and sending me fines and violations I didn’t do. All my questions and protests are ignored. What can I do against these people?

A:

We hate to say it, but some people must be hit between the eyes. They get together in board meetings and convince each other that they are right, then bully you. There are attorneys and organizati­ons that can help. Find an attorney with a history of fighting these people and file suit. Contact your state representa­tive, too.

To send a question visit www.AskGeorge.net and select the “Ask A Question” button. Answers to questions do not contain legal advice. If you wish to obtain legal advice, you should consult your own attorney. George Stephens is the broker of Stephens Properties. Charles J. Jacobus, J.D. is board certified by the Texas Board of Legal Specializa­tion in residentia­l and commercial real estate law.

 ??  ?? GEORGE C. STEPHENS
GEORGE C. STEPHENS
 ??  ?? CHARLES J. JACOBUS
CHARLES J. JACOBUS

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