Continuing with the series of questions we get asked, here is another one to do with heirs and selling a property in Texas.
At Cash House Buyers USA, we have multiple resources to assist you in the sale of your home regardless of the heirship or lien situation. Please get in touch to find out more.
Is it necessary for all heirs to agree to sell property in Texas?
Can a judgment prevent the sale of a house?
**Please be aware that we, Cash House Buyers USA, are not attorneys. This is for informational purposes only and is not to be considered legal advice.**
Please give us a call to discuss further.
Whether or not all heirs have to agree to sell property in Texas depends on how the property is owned.
- If one heir owns the property, the heir can potentially sell the property without the consent of the other heirs, depending on the circumstances surrounding the estate or ownership of the home.
- If the property is owned by multiple heirs as tenants in common, Any heir can sell their share of the property without the consent of the other heirs. However, the other heirs will still own the remaining shares of the property. Most home buyers will not buy a fractional share of ownership. Therefore, selling 100% of the interest is necessary. There is a legal process for achieving this.
- If the property is owned by multiple heirs as joint tenants with rights of survivorship, All heirs must agree to sell the property. If one heir refuses to sell, the other heirs cannot force them to sell.
A judgment can stop you from selling a house if it:
- Orders you to keep the property: If a court orders you to keep the property, you cannot sell it until the judgment is lifted.
- Creates a lien on the property: If someone wins a judgment against you and attaches a lien to your property, you cannot sell the property until the lien is paid off.
- Allows the creditor to take possession of the property: If a creditor wins a judgment against you and is allowed to take possession of the property, you cannot sell it until the creditor sells it or releases it back to you.
If you are an heir who wants to sell property in Texas and you are not sure whether you need the consent of the other heirs, you should consult with an attorney.
Bard Source: https://www.thehivelaw.com/blog/do-all-heirs-have-to-agree-to-sell-property/
Other Information & References:
Our Other Questions We Get Asked A Lot
Selling A House In Foreclosure – Can It Be Done?