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Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 36377
Experience:  Texas Attorney for 30 years dealing in real estate
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This is quite a sad event. My Mom bought some land, than a

Customer Question

This is quite a sad event. My Mom bought some land, than a trailer, my sister was her power of attorney at the time. She put her name along with my mom's on the title, even though she did not paid one penny. On May 1st my sister was given a notice to remove all her and her husband property from the land, with the exception of the mobile home. On May 31st my sister wrote a letter saying that would have everything within 3-4 days expect
the horses would be moved to a facility when can be located. Another letter was given to my sister on June 11, stating all property is to be removed by June 18, and the horses by July 15. What would be our next plan of action?
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Ray replied 4 months ago.

Hi and welcome to JA. Ray here to help you today..

So does mother and sister hold title together or does sister have legal title and is trying to evict mom, can you clarify the situation so that I may respond here, thank

Customer: replied 4 months ago.
The land is Title in my Mom's name only, the mobile home on the property is a 50/50 ownership with my mom and sister.
Expert:  Ray replied 4 months ago.

So your mother could file a suit to partition here, thats a forced sale through the courts.The court decides the split here, likely mom gets more.Unless she can resolve the trailer issue here she would have to force a sale through the courts.She cannot force the sister to remove trailer or evict her as she has ownership rights in the trailer.If she cannot resolve this with sister and buy her out, she will need a lawyer and force a sale of the trailer.These are the options here in Texas with joint ownership of the trailer.I don't think she can legally evict the sister here because sister has a share of the trailer.

Expert:  Ray replied 4 months ago.

You can file a partition suit for a trailer, it is considered personal property in Texas.I think mom should see if they make the deadlines and try to resolve the trailer ownership if she can buy out the sister.

Expert:  Ray replied 4 months ago.

Lawyer referral is she has to file partition suit.

I wish her the best here, thanks again.If you can positive rate it is always much appreciated.

Customer: replied 4 months ago.
I understand the eviction of the trailer because of the title. All she wants all property belonging to my sister/husband other than what's located in the trailer removed from the property. such as horses in the pastures, anything located in the garage that is not attached, and all junk that has been amassed on the property.

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