RMO Case Spotlight
Restoring Homestead Rights & Securing Justice for a Displaced Surviving Spouse
Background
Like many surviving spouses, our client faced significant challenges after his wife passed. Our client’s grief turned into a nightmare when his son produced a fraudulent “Lady Bird” deed after mom passed, allegedly signed just weeks before her death. Relying on the deed, the son convinced police to arrest our client and remove him from his own home.
Criminal proceedings followed, leading to court-ordered stay-away orders that prevented our client from returning home. Meanwhile, his son and his girlfriend moved into the home, leaving our client displaced.
Solution
The team at RMO stepped in and took immediate action by filing a lawsuit against the son to secure title, establish our client’s homestead rights, and seek injunctive relief. Initially, the court granted a temporary injunction affirming our client’s homestead rights, but the eviction court would not evict the son due to the temporary nature of the order. Throughout the lawsuit, the son argued that the property was inherited as separate property, claimed our client had abandoned his homestead rights, and made numerous unfounded allegations regarding our client’s involvement in his wife’s death and his treatment of her.
At trial, the RMO team proved the home was our client’s community property, perfecting our client’s homestead right under the Texas Constitution. In addition to securing a judgment for our client that included return of the home, we recovered $50,000 in attorney’s fees, as well as expungement of the criminal charges stemming from his arrest due to his fraudulent eviction. In the end, justice was served, and our client was able to return to his family home.
Results
Our client was overjoyed with the outcome. This was a significant milestone in securing his future, allowing him to return to the only home he has known for the past 20 years.
Snapshot
Client’s Capacity:
- Surviving Spouse
Client’s Goals: Reclaim homestead rights and regain possession of his home.
Legal Issues:
- Family violence allegations
- Homestead rights
- “Lady Bird” deed
- Community property
Resolution:
- Secured judgment affirming our client’s homestead rights and $50,000 in attorney’s fees.
- Judgment led to the expungement of criminal charges and the eviction of the son from the homestead.
Please note that every legal case is unique, and the outcomes of past cases do not guarantee similar results in your situation. The information provided here is for general informational purposes only and should not be construed as legal advice. To fully understand your specific legal needs and options, we strongly recommend consulting with a qualified attorney. An attorney can provide personalized guidance based on the unique facts and circumstances of your case.
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