Co-borrowers, for-sale signs
Answers to real estate questions as appearing
in the Houston Chronicle
By george stephens, CRB, AND Charles J. "Chuck" Jacobus, JD
Dear George: My fiancé and I bought a house together last year. Her name is on the loan, and she's on the deed of trust. After living in the house for one month, we broke off the engagement, and she moved out. My ex is now seeking legal help to seize full ownership of the house so she can sell it. I've been making the mortgage payments since the day we moved in. Also, I've been renting space in the house since she left, and she wants all the rental income, too. Is there anything I can do to keep the house?
Answer: Probably not. If she brings a suit to partition the property or to outright sell it, you'll likely have to split the gross rental income received and deduct all the expenses that can be charged against it to arrive at the net income. It can get fairly involved.
Dear George: Is a REALTOR® required to publish his phone number on a for-sale sign?
Answer: There are several requirements pertaining to for-sale signs. However, placing the REALTOR®'s phone number on the sign isn't one of them—unless a phone number is required by a municipal ordinance.
The Texas Real Estate Commission requires only that the owner of the property give his permission for the REALTOR® to place a for-sale sign on it. The Code of Ethics of the National Association of REALTORS® requires that same permission and also requires that the sign display the name of the REALTOR®'s firm.
E-mail your question to "Ask George & Chuck" or fax it to 281/596-7591. 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.
George Stephens, CRB, is the broker of ERA Stephens Properties. He is licensed as a mortgage broker in Texas and a real estate broker in Texas, Georgia, and Massachusetts.
Charles J. Jacobus, JD, is board certified by the Texas Board of Legal Specialization in Residential and Commercial Real Estate Law, and the author of Texas Real Estate Law and Texas Real Estate, both published by Thomson Publishing. He also teaches at Champions School of Real Estate and Houston Community College, and is an adjunct professor at the University of Houston Law Center.
George and Chuck are co-authors of Texas
Real Estate Brokerage and Law of Agency published by Thomson Publishing.