Acquiring Property Ownership

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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