House Ownership Transfer Issue

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Summary

If the deed is in the purchasers name, they own the house, regardless of the mortgage status. The mortgage remains a debt of your fathers estate. Consult a probate and real estate attorney for detailed advice. Relevant laws can be found in the Texas Property Code, Estates Code, and Probate Code.

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Montgomery county texas
I'm sorry for your loss. In Texas, if the property deed was not transferred, it's likely still in your father's name.
- The purchaser not changing the deed does not transfer ownership.
- If your father left a will, it would guide ownership.
You should consult a probate attorney for detailed advice.
I am the only child the next of Kin
As the next of kin, if your father didn't leave a will:
- The Texas Intestate Succession laws would apply.
- As an only child, you're likely to inherit his estate, including the house.
Please contact a local probate attorney for more information.
There was a deed however, my father thought he sold the house but come to find out the house mortgage was in my father's name still. So my dad took on the debt and not the person purchasing the home
In Texas, if the deed is in your father's name:
- The property still belongs to your father's estate.
- The mortgage being in your father's name doesn't transfer ownership to the purchaser.
- As his heir, you may inherit the property and the debt.
You should consult with a probate and real estate attorney.
The deed is in the purchaser's name. That is because my dad didn't realize the mortgage would still be in his name. If my dad knew the mortgage would be in his name he would have never signed a deed
In Texas, the deed being in the purchaser's name signifies ownership transfer. The mortgage doesn't impact this. However, your father's estate may be liable for the mortgage. You should consult a probate and real estate attorney for a thorough understanding.
Where can I find this information in the law books
The laws regarding property transfer and inheritance are generally found under Texas Property Code, Estates Code, and Probate Code.
- For Deed Transfer: Chapter *, Texas Property Code
- For Inheritance Laws: Texas Probate Code, particularly Section *(b)
- For Mortgage issues: Texas Finance Code, Title *
Consult a local attorney for a full understanding.