Feb. 15, 2010
Dear George: I own several properties that I lease to tenants using a Texas REALTOR®. I manage the properties myself. Sometimes I need to send notices to tenants—to vacate, for non-payment of rent, for lease renewal, etc. I know I'm not authorized to use the forms that my REALTOR® uses. Can I use my own forms for notices in conjunction with the REALTOR®'s lease agreement?
Answer: You can use your own forms for such notices. However, make sure your forms comply with the Texas Property Code.
Dear George: I divorced my wife in 1988 and signed the deed to our house over to her. At that time, there were four years remaining on our mortgage loan. She remarried three years after the divorce. Now, she is on her death bed. Do I have any rights to the property when she dies? Does her husband? The property was never put in his name.
Answer: You most likely signed a quit-claim deed to her in 1988. This means you gave up any legal claims you had to the property, but not to the debt owed. You stated that your ex-wife remarried but that her husband was never added to the title. Texas is a community-property state, so the property is your ex-wife's separate property and stays her separate property in the subsequent marriage. However, your ex-wife's husband has the right to possession for life as a survivor (when your ex-wife dies) of your ex-wife's homestead interest.
E-mail a question to ask George & Chuck or fax it to 713-978-6684. The answers to questions in this column do not contain legal advice. If you wish to obtain legal advice, you should consult your own attorney.
