On September 23, 2019 a
Complaint,Petition
was filed
involving a dispute between
Boldman, Sally,
and
Dellova, David,
for PARTITION
in the District Court of Harris County.
Preview
9/23/2019 5:51 PM
2019-69126 / Court: 15 1 Marilyn Burgess- District Clerk Harris County
Envelope No. 37051537
By: Courtni Gilbert
Filed: 9/23/2019 5:51 PM
NO.
SALLY BOLDMAN IN THE DISTRICT COURT OF
VS. HARRIS COUNTY, TEXAS
DAVID DELLOVA TH JUDICIAL DISTRICT
ORIGINAL PETITION FOR PARTITION OF REAL PROPERTY
Discovery in this case is intended to be conducted under level 2 of rule 190 of the Texas Rules of
Civil Procedure.
This suit is brought by SALLY BOLDMAN, Plaintiff, who is a resident of Harris County, Texas.
Defendant, DAVID DELLOVA, is a resident of Harris County, Texas. Respondent should be served
with process at 719 Shady River Road, LaPorte, Texas 77571 or wherever he may be found.
4, Plaintiff and Defendant are the co-owners of the following described real property located at 719
Shady River Road, LaPorte, Harris County, Texas 77571:
LOT FIVE (5), IN BLOCK ONE (1), OF SHADY RIVER, A SUBDIVISION IN HARRIS
COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN
VOLUME 89, PAGE 52 OF THE MAP RECORDS OF HARRIS COUNTY, TEXAS
On October 24, 2014, Defendant executed a Special Warranty Deed to Add Spouse conveying his
interest in said property to Plaintiffand Defendant. A true and correct copy of said deed is attached
hereto as Exhibit A and incorporated herein as though fully set out. There is no other owner of said
real property.
Plaintiff's interest in said property consists of an undivided one-half interest held in fee simple
Defendant’s interest in said property consists of an undivided one-half interest held in fee simple.
Plaintiff asserts that under Section 2.401(b) of the Texas Family Code she and Defendant are not
married at this time.
Plaintiffis informed and believes and therefore alleges that the above described ownership interests
compromise the total ownership of said real property and that no other party claims ownership.
10 The said real property consists of a residential lot with h improvements and is not susceptible to
partition in kind.
11 It was necessary for Plaintiff to retain Elena Halachian-Kritzer and Robert W. Davidson, of the
Kritzer Law Firm, licensed attorneys, to representher in these proceedings, and the Defendant should
be Ordered to pay directly to said attorney reasonable and necessary attorney's fees as costs of Court
and should further be Ordered to reimburse Plaintiff for al! her other costs of Court expended herein.
WHEREFORE, Plaintiffrequests that Defendant be cited to appear and answer, and that upon hearing
the Court enter a decree as follows:
Determining the share of ownership of each of the parties;
Ordering the sale of said property and the distribution of the proceeds between the co-owners in
accordance with their ownership shares pursuant to Section 23.001 of the Texas Property Code;
s’ costs, interest, and all other relief to which she may show
s fees,
Awarding the Plaintiffher attorney
herself entitled.
Respectfully submitted,
KRITZER LAW
Pe QDee
BY: ELENA HALACHIAN-KRITZER SB# 08716850
ROBERT W. DAVIDSON SB# 05442400
Attorneys for Sally Boldman
12605 East Freeway, Suite 375
Houston, Texas 77015
Tel (713) 455-8851
Fax (713) 455-3382
k ritzerlawservice m: ail.com
VERIFICATION
STATE OF TEXAS }
}
COUNTY OF HARRIS }
BEFORE ME the undersigned Notary Public on this day personally appeared Sally Boldman who
being by me duly sworn on her oath deposed and said that she is Plaintiff in the above entitled and numbered
and cause; that she has read the above and foregoing Original Petition for Partition of Real Property and that
every factual statement contained therein is within her perso: knowledge and is true and correct.
ly Boldm:
SWORN TO AND SUBSCRIBED BEFORE ME by Sally Boldman on this I é_ day of September,
2019 to certify which witness my hand and seal of office.
NOTA BL! , STATE OF TEXAS
tty, JUDY BRANNON
3 s
% Notary Public, State of Texa
Comm. Expires 12-30-2019
We atot Notary {0 764745)
Document Filed Date
September 23, 2019
Case Filing Date
September 23, 2019
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9/23/2019 5:51 PM 2019-69126 / Court: 15 1 Marilyn Burgess- District Clerk Harris County Envelope No. 37051537 By: Courtni Gilbert Filed: 9/23/2019 5:51 PM NO. SALLY BOLDMAN IN THE DISTRICT COURT OF VS. HARRIS COUNTY, TEXAS DAVID DELLOVA TH JUDICIAL DISTRICT ORIGINAL PETITION FOR PARTITION OF REAL PROPERTY Discovery in this case is intended to be conducted under level 2 of rule 190 of the Texas Rules of Civil Procedure. This suit is brought by SALLY BOLDMAN, Plaintiff, who is a resident of Harris County, Texas. Defendant, DAVID DELLOVA, is a resident of Harris County, Texas. Respondent should be served with process at 719 Shady River Road, LaPorte, Texas 77571 or wherever he may be found. 4, Plaintiff and Defendant are the co-owners of the following described real property located at 719 Shady River Road, LaPorte, Harris County, Texas 77571: LOT FIVE (5), IN BLOCK ONE (1), OF SHADY RIVER, A SUBDIVISION IN HARRIS COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 89, PAGE 52 OF THE MAP RECORDS OF HARRIS COUNTY, TEXAS On October 24, 2014, Defendant executed a Special Warranty Deed to Add Spouse conveying his interest in said property to Plaintiffand Defendant. A true and correct copy of said deed is attached hereto as Exhibit A and incorporated herein as though fully set out. There is no other owner of said real property. Plaintiff's interest in said property consists of an undivided one-half interest held in fee simple Defendant’s interest in said property consists of an undivided one-half interest held in fee simple. Plaintiff asserts that under Section 2.401(b) of the Texas Family Code she and Defendant are not married at this time. Plaintiffis informed and believes and therefore alleges that the above described ownership interests compromise the total ownership of said real property and that no other party claims ownership. 10 The said real property consists of a residential lot with h improvements and is not susceptible to partition in kind. 11 It was necessary for Plaintiff to retain Elena Halachian-Kritzer and Robert W. Davidson, of the Kritzer Law Firm, licensed attorneys, to representher in these proceedings, and the Defendant should be Ordered to pay directly to said attorney reasonable and necessary attorney's fees as costs of Court and should further be Ordered to reimburse Plaintiff for al! her other costs of Court expended herein. WHEREFORE, Plaintiffrequests that Defendant be cited to appear and answer, and that upon hearing the Court enter a decree as follows: Determining the share of ownership of each of the parties; Ordering the sale of said property and the distribution of the proceeds between the co-owners in accordance with their ownership shares pursuant to Section 23.001 of the Texas Property Code; s’ costs, interest, and all other relief to which she may show s fees, Awarding the Plaintiffher attorney herself entitled. Respectfully submitted, KRITZER LAW Pe QDee BY: ELENA HALACHIAN-KRITZER SB# 08716850 ROBERT W. DAVIDSON SB# 05442400 Attorneys for Sally Boldman 12605 East Freeway, Suite 375 Houston, Texas 77015 Tel (713) 455-8851 Fax (713) 455-3382 k ritzerlawservice m: ail.com VERIFICATION STATE OF TEXAS } } COUNTY OF HARRIS } BEFORE ME the undersigned Notary Public on this day personally appeared Sally Boldman who being by me duly sworn on her oath deposed and said that she is Plaintiff in the above entitled and numbered and cause; that she has read the above and foregoing Original Petition for Partition of Real Property and that every factual statement contained therein is within her perso: knowledge and is true and correct. ly Boldm: SWORN TO AND SUBSCRIBED BEFORE ME by Sally Boldman on this I é_ day of September, 2019 to certify which witness my hand and seal of office. NOTA BL! , STATE OF TEXAS tty, JUDY BRANNON 3 s % Notary Public, State of Texa Comm. Expires 12-30-2019 We atot Notary {0 764745)