Delma Ramirez Deleon, Irma Gomez, Josefina Castor, Olga Ramirez Niaves, Oralia De La Rosa, Gloria R. Dunford, and San Juanita R. Rodriguez v. Oliverio C. Ramirez and Maria Luisa Ramirez, 04-16-00495-CV

Background

Gregorio and Martha Ramirez owned a 151.77-acre tract: Gregorio had 1/13 separate interest by inheritance; Gregorio and Martha acquired the remaining 12/13 as community property secured by an FHA loan.
Gregorio died intestate in 1976; his estate was never probated and the FHA loan remained outstanding.
In March 1994 Martha executed a deed conveying the Property to her son Oliverio and his wife Maria Luisa; the deed recited “love and affection; Ten Dollars and other valuable consideration,” including assumption/payment of the FHA debt.
Oliverio and Maria Luisa paid off the FHA loan the same day; they later purchased the interests of five siblings; seven siblings (appellants) remained and sued in 2013 seeking declaratory relief about title.
The trial court granted summary judgment for Oliverio and Maria Luisa, finding the 1994 deed was a community survivor deed conveying the entire community interest; the appellants appealed.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether 1994 deed was a gift deed or a community-survivor deed	Appellants: deed was a gift (presumption from “love and affection”) conveying only Martha’s separate interest	Oliverio: deed recited assumption/payment of FHA debt; extinguishment was consideration and Martha could convey community interest to pay community debt	Deed was not a gift; recited consideration (payment of community debt) rebutted gift presumption and supported community-survivor conveyance of entire community interest
Whether Oliverio/Maria Luisa needed to be innocent purchasers without notice to take title	Appellants: because they had notice of community character, they cannot take title as purchasers	Oliverio: a surviving spouse may convey community property to pay community debts; purchaser need not be without notice when sale is to satisfy community obligation	Held for Oliverio: Martha had authority to convey entire community interest to pay the FHA debt; purchaser’s lack of notice not required in that context
Whether cotenancy prevents Oliverio/Maria Luisa from acquiring title from Martha	Appellants: as cotenants with other heirs, Oliverio/Maria Luisa could not acquire title by this conveyance	Oliverio: precedent limiting cotenant’s acquisition applies to foreclosure/trustee’s sale contexts, not here	Held for Oliverio: Cecil (foreclosure context) is distinguishable; cotenant rule did not bar this conveyance
Whether estoppel (letters/division orders) binds Oliverio/Maria Luisa and imparts title to appellants	Appellants: prior letters/division orders recognizing heirs’ interests should estop Oliverio from asserting title	Oliverio: division orders and similar documents do not create title between parties and cannot create contract rights not otherwise existing	Held for Oliverio: estoppel theories do not create substantive title here; damages/estoppel cannot supply a non-existent property right

Key Cases Cited

Valence Operating Co. v. Dorsett, 164 S.W.3d 656 (Tex. 2005) (standard for de novo review of summary judgment)
Diversicare Gen. Partner, Inc. v. Rubio, 185 S.W.3d 842 (Tex. 2005) (summary judgment standard)
Sw. Bell Tel., L.P. v. Emmett, 459 S.W.3d 578 (Tex. 2015) (review when competing summary-judgment motions are filed)
Luckel v. White, 819 S.W.2d 459 (Tex. 1991) (deed construction: ascertain intent from four corners)
Stribling v. Millican DPC Partners, LP, 458 S.W.3d 17 (Tex. 2015) (construing unambiguous deeds as a matter of law)
Ellebracht v. Ellebracht, 735 S.W.2d 658 (Tex. App.—Austin 1987) (consideration/assumption of debt can preclude gift presumption)
Burnham v. Hardy Oil Co., 195 S.W. 1139 (Tex. 1917) (surviving spouse may convey community property to pay community debts)
Horton v. Harris, 610 S.W.2d 819 (Tex. Civ. App.—Tyler 1980) (surviving spouse’s right to sell community property to pay community debts)
Burns v. Burns, 439 S.W.2d 452 (Tex. Civ. App.—Texarkana 1969) (survivor may sell community property, including homestead, to pay community debts)
Kiel v. Brinkman, 668 S.W.2d 926 (Tex. App.—Houston [14th Dist.] 1984) (distinguished—payment of debt not shown to be exchange consideration)
Cecil v. Dollar, 218 S.W.2d 448 (Tex. 1949) (cotenant foreclosure/purchase rule; limited to foreclosure/trustee-sale context)
Exxon Corp. v. Middleton, 613 S.W.2d 240 (Tex. 1981) (division orders binding only as acted upon and payable)
Sun Oil Co. (Del.) v. Madeley, 626 S.W.2d 726 (Tex. 1981) (estoppel cannot create contract rights or supply title where none exists)