Legal Question in Real Estate Law in Texas

My mother and her partner owned a vehicle together (my mother passed), the title is in both names reading AND not OR registered in the state of Arkansas where they lived They (his children) offered us $4800.00 the nada is $19,875.00. My mother paid $6500.00 she paid the insurance and taxes. I filed in small claims court (in the county which he resides) for half the nada value. His children have taken over and he is now in Texas. They hired an attorney who wrote a letter to the small claims courts and me stating defedant denies each and every allegation of Plantiffs' original petition, and demands strict proof therof as required by the Texas Rules of Civil Procedure. Defendant prays the Court will rule in favor of Defendant and the cousts of court, attorney's fees, and such other and futher relief as Defendant may be entitled. I have the original title and the letter his children sent offering us $4800.00 and stating my mother did pay $6500.00. The small claims court reset the court date, what should I do next? Is there any chance of a judge ruling in their favor?


Asked on 5/19/10, 12:29 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

The language is from a general denial. Typical boilerplate. What your mother paid isn't what is important - it is present value of the vehicle. If she was a co-owner, then the judge will either divide the value in half, or take pro-rata contribution (how much did partner contribute & how much did mom contribute - then give her the value according to the ratio). It could go either way.

Read more
Answered on 5/24/10, 4:25 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Texas