Asked by angie4540, Dallas, TX • Tue Feb 5, 2013
My husband and I were common law spouses in the state of Texas back in 1987. I was deeded a parcel of land free and clear with no monies owed or liens against this particular property and it was deeded in my name only . My husband and I decided to build a home on it and did not need to borrow from a bank to do so; late on we decided to to do a home equity loan for home improvements using the property as collateral. There is still a balance of $30,000. owing on this loan as of today. My husband passed away 3 years ago and left a will that has not been probated through the courts, in the will he left everything to me but none of the possessions had his name on them. Now to get to the question I have - am I able to sell this property without having to probate the will?
F.Y.I. bank loan is 4 months in arrears and in jeopardy of being foreclosed. My husband had 5 children from previous marriage.
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