Q: I've just moved here from Oklahoma, and expected to take title to my home as a joint tenant with my wife. The tile company said we can't do that. I want to be sure that if I die, my wife gets title to the property. How do we do that?

A: If you have children only from your marriage, Texas law gives the survivor title to the real estate. If you have children outside this marriage, the rules are a lot more complicated because of our community property laws. To hold title as joint tenants, you would have to have an agreement to do so, and it will take legal help. It will complicate your loan, as most lenders prefer the joint and several liability that community property creates. Get with your lender and their counsel to have them help you through it. Don't be surprised, though, if they don't want to complicate their loan process. Welcome to Texas.

Q: I am selling my house and went to the closing today. The buyer is supposed to close tomorrow. When signing my closing statement, I noticed the buyer had not deposited their earnest money. What happened here? Is the buyer in default?

A: Yes, but you may want to wait and see if they close. If they do, you've closed. If they don't, filing a complaint against the title company at the Texas Department of Insurance, and another one against the buyer's real estate agent at the Texas Real Estate Commission are the actions we'd recommend. In our opinion, both lied to you.

Q: I got divorced a few years ago. My wife was awarded the house, but she has to pay me $40,000 for my share. I have a lien on the property for that $40,000. I just discovered she has left the house, hasn't been making payments on the first lien, and the lender is going to foreclose on the house. She hasn't made payments for over a year. What are my options?

A: Not many. Notify the lender and explain the situation. If you have good enough credit scores, they may work something out with you. Be prepared to negotiate the amount owed currently, down payment options and reinstatement options. They may require her joinder if you can find her, as she is still liable on the note also. There is no easy answer here. If the lender forecloses, you lose your $40,000 equity. It's time to make some tough decisions.