Legal Question in Real Estate Law in Texas

My father passed away last year and I was living in his and my mothers home.I was told by my father that I could buy the house .This was a verbal agreement through me my sister Yvette and father .My mother lives w/my sister Yvette.I have been paying the taxes on the home for 2yrs and and paying monthly payments of $800.00 a month until I had paid off $50,000.00.I have been keeping records with a receipt book.My sister Yvette would come to the house and pick up the cash 2 a month .I have paid over $22,000.00.During this time there was not any home owners insurance on the home.The home is still in my mothers name . To cut to the chase I had a dog name Marley that had bit my neighbor when she had came to our door to ask for some help to move something.I tried fighting to win my dog back but did not succeed.now my neighbor is sueing me and my mother.I went and got an attorny and He said if Im buying the home have my mother put the home in my name and the plantiff could not touch my homestead. Will I told my mother this and now of course my sister Yvette wants my mom to put the home in her name until i pay the house off the deed will go in my name but they want me to pay the full $118,000.00 and the yearly taxes plus $6.000.00 for the lawyer.Which this will be all in a contract signed by me my sister and my mother.I think this is so wrong.they dont want to do any repairs or pay for anything.Can I get my money back and how do I go about doing so?

Please help me I feel like I have been taken for granit and lied to.Thank you! Evelyn


Asked on 3/08/12, 9:54 am

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

I assume that only your mother and father are grantees on the deed (to the house that you made the payments on).

It's good that you kept records of the payments you made.

Write a letter to your mother (a paper letter - no phone calls or texts or emails). Tell her what you told me. Tell her that you want your money back - $22,000.00. Tell her if she doesn't want to pay you back, that you want a WRITTEN contract under the same terms as the agreement you made with your father.

If she doesn't comply, sue her under a theory called quantum meruit.

And you'll need a lawyer, no matter what happens - a lawyer to draw up the documents for the contract for the purchase of the house, or a lawyer to file the lawsuit against your mother.

Hang onto your documents/receipts.

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Answered on 3/08/12, 2:10 pm


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