Can my mother re-gain sole ownership of her land, if she added my brother’s name on the title as a precaution when she re-married?

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Can my mother re-gain sole ownership of her land, if she added my brother’s name on the title as a precaution when she re-married?

After my dad died, he Willed 3 quarters of land to my mom which she was to Will equally to us kids. Since then my brother farms the land and pays rent to my mom. To ensure the land always stayed in the family name, he had her add his name to the title when she re-married. Now she is divorced and she wants his name off the titlebut he refuses and threatens to not give her the rent money if she gives him any trouble. My brother has basically stolen mine and my sister’s inheritance.

Asked on October 19, 2011 under Real Estate Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your brother has legal title to land that was given to your mother by your father's Will where she in turn placed title in your brother's name to it, the presumption under the laws of this country is that the placement of title in your brother's name was as a gift and that there was consideration for the transfer.

If this was not the case, then your mother needs to retain a real estate attorney to assist her concerning her predicament to possibly give her a legal opinion as to the chances of a lawsuit being successful in taking title of the land out of your brother's name.

If your brother is actually giving rent money for the land that is in his name, this rent payment is completely at odds with his ownership of the land and is evidence that his name on the property's title in reality is not as an owner but merely as a form of convenience.

Good luck.


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