Real Estate Law Texas

Real estate law in Texas does not differ from real estate law in other places except to the extent that the property laws in Texas provide for community property. Therefore, if a husband and wife own real estate in Texas, it is presumed to be community property. This means that both parties must sign legal documents to transact business with respect to that property, even if the property is owned in the name of only one of the spouses. Therefore, even if property is actually separate property, frequently a spouse must sign off on the transaction just to ensure the parties involved that no issue will be raised as to whether or not the property is separate or community property.

What is Real Property? Real property is generally defined as land and the things permanently attached to the land. Things that are permanently attached to the land, also can be referred to as improvements, include homes, garages, and buildings. Substances that are beneath the land (such as gas, oil, minerals) are also considered permanently attached. Other items which can be attached to the land, such as mobile homes and tool sheds, are not considered to be real property.

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