Legal Question in Civil Litigation in Texas
Do we have a case with this situation?
We put a down payment and closing costs on a home in July 2006. We have paid the mortgage, insurance, home owner association fees, taxes, home warranty, etc on this home since the day it closed. The house is in her name and we have always been told this house is our home and our problem. On Jan 1 2009 the home caught fire while we slept and burnt down. While my children, husband and myself got out of the home safely we lost most of the home and many belongings inside. We began the process of claim filing, finding a restoration company and contractor for rebuild. We have spoke to her on several ocassions and were told again to deal with it all since it was ''our home''. On May 18th I received an email telling me that she would like to level the home or sell it. The emails then continued up until this evening about how the home is hers. Any money she has received from insurance from the fire is hers & she will not be giving us any of it to pay for our destroyed items or to get them back from the restoration company. We want to civil sue for the money to pay to get our belongings we have left. Ideally we would like down payment and destroyed items to be paid back on as well but we will be satisfied with the items that weren't destroyed
1 Answer from Attorneys
Re: Do we have a case with this situation?
You went through closing on the house and did not get a deed to the property? Were you represented by an attorney at the closing? Anything to do with real estate has to be in writing and you have nothing in writing to show that the home is yours?
There seems to be more to this than what you have described here at the website. Its difficult to give you any advice without knowing the whole story.
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