Legal Question in Real Estate Law in Missouri
My parents owned my home in O'Fallon ,Mo. My husband and I paid the morgage every month and occupied the home. An unfortunate situation happened and my husband and I had to be gone for a while. When we left all our personal belongings (which I had just furnished the home) including $50,000 in brand new furniture and all my clothes and assessories were in the home when we left. My mom planned on boxing it up and saving it for us. Keep in mind I happen to have detailed pictures and receipts for everything in the home. The mortgage payments were $2100 per month and my parents couldn't pay it so my sister offered to save them by having them deed her the home for $1. During the time the home was in her possesion she sold everything in the home for cash and gave or sold all my clothes, jewerly, and assesories worth approx. $20,000. She also during this time somehow got access to my parents money and stole $140,000 from them. My parents sued her and she agreed to deed the home back to them if they did not prosecute her for the $140,000. When my parents gained access to my home again. It was empty. My question to you is did my property become hers at the time she owned the home or can I sue her for the worth of my belongings. I have paperwork for every little thing. I have copies of both deeds and they do not state the property inside went with the house. Do I have a case?
1 Answer from Attorneys
Hi. I am a Missouri attorney out of the St. Louis Metro area. Our office handles collection matters and represents parties in recouping money due and owed to them. I am sorry to hear about this situation that has likely resulted in a lot of stress.
Based on the information provided in your inquiry, you likely do have a case for the value-minus depreciation of all items of personal property within the home that your sister sold. In addition, you may be entitled to additional compensation if further damages can be proven. Your sister appears to be liable for what is known as "conversion". Conversion is a civil cause of action, although she has likely violated criminal statutes as well. Conversion occurs when personal property is taken by another and sold or otherwise altered from its original condition. If your lost value can be established (by using receipts and other paperwork), you could be entitled to recover, provided the case is properly pled and structured.
To put it simply, real property and personal property are entirely different. A property deed does not transfer personal property, only real property. The exact language of the deeds would have to be reviewed, but it is unlikely that the deeds contained provisions that would evoke a transfer of the personal property within the house. Additional detail would be needed to determine your likelihood of recouping your losses and additional compensation.
For convenience, I can be reached by e-mail at [email protected]. Website-www.harvathmissouriillinoislawyers.com.
NOTE: This answer is for educational purposes and does not constitute legal advice. The use of this site does not create an attorney-client relationship or privilege between the user and the attorney responding.
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