?? division of real property in TX if there is a mortgage on home.surviving spouse and two Adult kids. No will?
The Original contract for deed was never recorded. completed in 1990. There was a common law marriage that started in 1994. There was another contract for deed completed in 1993 no release was signed for the first one. Neither contract was ever filed for record (this was a result of a fight between the couple the other party never knew the other contract existed. Now contract from 1990 is satisfied release of lien and general warranty deed issued after payoff. Spouse and holder of the second contract died in 1997. Now after the home is paid off the couples son filed a suit to get ownership of the home and has taken it over and will not let his father enter the property. He claims it was always his mothers and he should have gotten the home as inheritance when she died. The 20 year loan just got paid off and the child is now 26 years old. What if any split should have occured at the time of the wife’s death?