Legal Question in Real Estate Law in Texas

preemptive lawsuit?

I was advised to file a preemptive lawsuit and injunction -- possibly a trespass to try title. I do not know exactly what this means. I have been living in a house owned by my mother for the past 3 1/2 years and was asked to move in 30 days. There was no rental agreement or anything else. My father told me I could live in the house and make it my own. He died in 2007 and my mother has remarried. I believe the marriage has had something to do with it. Obviously the new husband doesn't want me living in this house I've spent so much money on. I have 13,000$ worth of reciepts where bit by bit, I have replaced everything down to the electrical in this house and now I'm supposed to move in 30 days. I have no where to go and cannot get a loan to purchase a new house.


Asked on 5/30/09, 11:40 am

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: preemptive lawsuit?

You may have a case. You should consult with a real estate attorney who does litigation and discuss ALL of the facts. You may not need an injuction unless you are served with eviction papers.

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Answered on 6/01/09, 1:17 am


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