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texas homestead interest


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#1 DonaldHowell

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Posted 29 June 2012 - 04:11 AM

Before we married my wife and I signed a pre-nuptial protecting our individual assets, and our paid-for home was in her name. My wife died after we were married only 15 months and we had not redone or wills. I was not listed in her will, and her children were the only beneficiaries. Now, the children want to sell the home, and I'm being asked to sign a statement releasing my homestead interest.

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Under Texas law,

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Is it necessary that I sign to release the homestead interest?

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Can the home be sold without my releasing the homestead interest?



#2 Fallen

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Posted 29 June 2012 - 04:19 AM

I'd read this:

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http://homesteadlaws...n-of-homestead/

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I'd like to think they wouldn't be asking you to sign it if it weren't necessary, given they presumably understand you acknowledged by way of the pre-nup what I gather was true: that this was your wife's separate property before you married.


I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)


#3 Ted_from_Texas

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Posted 29 June 2012 - 05:35 AM

It appears from the facts in your brief message that the property does not fulfill the requirements for a family homestead and must be treated as your wife's single adult homestead, in which case you may have no homestead interest to release.  However, Texas homestead laws are tricky and this is not my area of expertise.  I strongly recommend you consult a local real estate or property law attorney for guidance before you sign anything.

#4 pg1067

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Posted 29 June 2012 - 08:35 AM

Your two questions appear to ask the same thing.  I'll defer to "Ted" on this, but I would also point out that even if, technically, you have no interest to release, a buyer or title company might still insist on having a release before going through with the transaction or issuing a policy of title insurance.






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