Hunter Law Office | Dallas, Texas
  • Home
  • Legal Blog
  • FAQ

Legal News & Opinion

Campus Carry Debate at SMU

11/27/2015

 
In response to the recent legislation passed by the Texas Legislature which makes it legal for college students with Texas CHL licenses to carry on campus, Southern Methodist University is holding a Campus Carry Debate on Tuesday, December 1st at 7 P.M.  The debate will take place at Umphree Lee Room 241.

Father died leaving me the house. His wife won't move out. What can I do?

11/26/2015

 
Under Texas law, a surviving spouse has a life estate in the marital homestead. This life estate gives the surviving spouse a right to live there for so long as she lives or until she chooses to move out.

First, what is a marital homestead? Generally, the marital homestead is real property and any improvements placed on it that's used by a married couple as their home. What qualifies as a homestead depends on whether the real property is urban or rural. Urban areas are those which are located within a municipality's limits, extraterritorial jurisdiction, or platted subdivision; have a police force and either a paid or volunteer fire department; and have at least 3 of the following services through a municipality: electric, water, sewer, storm sewer, and natural gas. Homesteads located in urban areas, urban homesteads, are limited to 10 acres. For more on the definitions of urban homestead and rural homestead, see Article 16, Section 51 of the Texas Constitution; Tex. Prop. Code §41.002(a).

If the father was married at the time of his death, then his surviving spouse has a right to continue living in the home for so long as she chooses. Tex. Const. art. 16, §52; Tex. Est. Code §102.005. The fact that the father left the property to his child doesn't change this. See Tex. Est. Code §102.002.

Despite the protections from forced sale provided by the Texas Constitution, Property Code, and Estates Code, there are certain circumstances under which a forced sale is possible under Texas law. These and other legal options should be discussed in private with an attorney.

My Child Wants to Move Out. What Can I Do?

11/13/2015

 
In Texas, your child is considered a minor until he turns 18 or is emancipated. Until this happens, you are generally legally responsible for him. This includes his attending school, damage he causes to others' property, etc.  

If your minor child wants to move out and you approve of this, then your child may file a petition to remove the disabilities of minority under Texas Family Code section 31.001 et seq. in your local family district court or other appropriate court. This petition must be verified by a parent, but not necessarily both parents. The petition to remove the disabilities of minority must  also provide 1) the name, age, and place of residence of the child, 2) the name and place of residence of each living parent, 3) the name and place of residence of the guardian of the person and the guardian of the estate, if any, 4) the name and place of residence of the managing conservator, if any, 5) the reasons why removal would be in the best interest of the minor, and 6) the purposes for which removal is requested. The court will then appoint an attorney to represent your child. If the court determines that emancipation is in the best interests of your child, then the court will order him emancipated. At this point, your child is considered an adult, and you're no longer legally liable for your child's decisions.

If your child under 17 moves out without your permission (runs away), this would be considered a status offense. The police could forcefully return your child to your home. After multiple incidents, your child could be considered a habitual runaway, and the state might get involved. Adults in Texas who allow a runaway child to live with them face charges of harboring a runaway under the Texas Penal Code among other charges.

Who do you support for President in 2016? Round 1.

11/9/2015

 
The presidential elections are just over a year away. After the first 3 Republican debates and 1 Democratic debate, who would you vote for if the election were today?
     
    NOT LEGAL ADVICE. 


    Nothing on this website is legal advice. The information on this site is general in nature and might not apply to your individual situation.

    We Recommend:

    Liberty Law Blog
    Online Library of Liberty

    RSS Feed

    Categories

    All
    Automobiles
    Consider This
    Constitutional Law
    Contracts
    Convention Of States
    Defamation
    Divorce
    DTPA
    Family Law
    Gun Law
    Intellectual Property
    Legal Potpourri
    Legislation
    Marriage
    Negligence
    Opinion
    Personal Injury
    Politics
    Practical Series
    Property Disputes
    Real Estate Law
    Who Said It?

    Archives

    June 2019
    May 2019
    April 2019
    February 2019
    January 2019
    September 2018
    July 2018
    June 2018
    May 2018
    March 2018
    February 2018
    January 2018
    December 2017
    November 2017
    October 2017
    September 2017
    July 2017
    June 2017
    May 2017
    April 2017
    March 2017
    February 2017
    January 2017
    December 2016
    November 2016
    August 2016
    June 2016
    April 2016
    March 2016
    February 2016
    January 2016
    December 2015
    November 2015
    July 2015
    June 2015
    April 2015
    July 2014
    September 2012
    August 2012
    June 2012

dallas locations

What People Are Saying

connect with Us

Get Our Newsletter
Serving Dallas and North Texas including the Park Cities, Highland Park, University Park, Preston Hollow, Lake Highlands, Lakewood, Addison, Farmers Branch, Carrollton, Richardson, Garland, Rowlett, and Rockwall. 

​Copyright © 2013 - 2019 Law Office of Henry Wyche Hunter.  All Rights Reserved. Website content approved by Henry Wyche Hunter, Principal Attorney.

  • Home
  • Legal Blog
  • FAQ