Heirship gaps are the usual culprit

An owner dies. Nobody opens probate, records an affidavit of heirship, or files anything at all. Years pass with a family member paying the taxes and insurance while record title still stands in the deceased person's name. Nothing is wrong with the property — the paperwork just does not show who owns it.

Fixing it means probate, a muniment of title, a judicial determination of heirship, or an affidavit of heirship the title company will accept. Which one depends on whether there was a will, how long ago the death was, and whether there is a mortgage to pay off. Texas also imposes a general four-year limit on offering a will for probate, which narrows the options after that point.

The homestead signature problem

Texas homestead law generally requires both spouses to join in conveying the homestead, even when only one name is on the deed. That protects families, and it creates a recurring title defect: a prior deed signed by only one spouse.

It shows up most often after a divorce handled without a properly recorded deed. The decree awarded the house to one party, but nothing was filed, so record title never changed. A corrective or quitclaim deed usually resolves it, and the title company will say what form it needs.

Other Texas-specific defects

  • An old lien paid but never released, requiring a release from a lender that may no longer exist
  • Severed mineral estates and oil and gas leases, especially over the Barnett Shale in Tarrant County — normal here, and not usually an obstacle to a surface sale
  • Unrecorded contracts for deed and executory contracts, historically common in colonias and parts of the lower Rio Grande valley and El Paso County
  • Access problems: a landlocked parcel, or a driveway crossing a neighbour's land with no recorded easement
  • Encroachments and boundary discrepancies shown on a survey
  • A deed with a defective legal description or a missing acknowledgment
  • Pending litigation shown by a notice of lis pendens

How to approach it

Order a title search early. It converts a vague worry into a list, and most items on that list are routine: a payoff, a release, an affidavit, a corrective deed. The ones that take real time are heirship and boundary disputes.

We buy properties with title problems, but they have to be identified before a closing can be scheduled. Send us what you know, including the parts you expect to be disqualifying. Known problems are priced in; problems found during title work move the date.

Frequently asked questions

Can you buy a Texas house with a title problem?

Yes, but the defect generally has to be cleared before a title company can insure the sale. Start with a title search so everyone knows the list.

The owner died and nothing was ever filed. What now?

Title has to be cleared through probate, a muniment of title, a determination of heirship, or an acceptable affidavit of heirship. Note the four-year limit on probating a will.

My divorce awarded me the house but no deed was recorded. Is that a problem?

A common and fixable one. A corrective or quitclaim deed is usually needed, and the title company will specify the form.

Do severed mineral rights stop a sale?

Generally no. A severed mineral estate or existing lease appears as a title exception and the surface sale proceeds.

What if a lien was paid but never released?

The title company chases the release. If the lienholder no longer exists it takes longer, which is why disclosing it early matters.

Sources

This page is general information about selling property in Texas, not legal, tax, or financial advice. Laws change and every situation is different, so talk with a qualified Texas professional about yours.