Acquiring Property Ownership

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Acquiring Property Ownership

My husband’s late Father passed away leaving property behind without a will. My husband and his two sisters acquired the property as living descendants. My husband wants to keep the property and has been paying the taxes for close to five years. One of the sisters wants to sell it. His mother is still living, but divorced the Dad years ago. My husband’s mother wants him to keep the land and not sell it off. Is there a way for my husband to acquire ownership of the property without permission from the sisters?

Asked on April 1, 2019 under Estate Planning, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, if the property was jointly inherited by your husband and his two siblings, all three of them are equally owners of it. An owner cannot be made to give up her share of or interest in her property against her will, including to another owner. Your husband will need both his sisters to sell or otherwise transfer (e.g. gift) their interests in the property to him, such as by quitclaim deeds.


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