Texas Property Code 65.002 – Conditions for Authority to Act as Agent for Co-Owner
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Terms Used In Texas Property Code 65.002
- Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
- Property: means real and personal property. See Texas Government Code 311.005
A co-owner of residential property may act in the name of and on behalf of another co-owner, whether known or unknown, as the co-owner’s statutory agent and attorney-in-fact for the purposes described by § 65.004 if:
(1) the co-owner has occupied the property for more than five years;
(2) the co-owner has a residence homestead exemption for the property under § 11.13, Tax Code;
(3) for the five years preceding the date the documents required by § 65.003 are filed, the occupying co-owner has paid all assessed ad valorem taxes without delinquency and without contribution from the other co-owner; and
(4) the occupying co-owner files the documents required by § 65.003.