On January 17, 2014 a
!MTN:MODIFY,REDUCE,ENFOR,CONTE
was filed
involving a dispute between
Perez , Lupe,
and
Juarez Hernandez , Jesus,
for DIVORCE W/O CHILD (FAMILY LAW)
in the District Court of Travis County.
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CAUSE No. D-1-FM-14-000320
§ IN THE DISTRICT COURT
JESUS JUAREZ HERNANDEZ §
§ 201st JUDICIAL DISTRICT
V.
TRAVIS COUNTY
LUPE PEREZ §
COUNTER-PETITON FOR ENFORCEMENT OF PROPERTY DIVISION
This Counter-Petition is filed by Ryan Mosler, who is the Attorney for LUPE PEREZ
(hereinafter referred to as “Counter-Plaintiff”).
Discovery in this case is intended to be conducted under Discovery Level 2 of the
Texas Rules of Civil Procedure.
This Counter-suit is brought by Lupe Perez, Counter-Plaintiff under The Texas
Property Code Section 23.001. The property to be partitioned under the aforementioned code is
in regard to undivided property interests upon divorce according to Texas Family Code 9.201.
Counter-Respondent is Jesus Hernandez and has been duly served through his attorney of
record, Marco Sanchez.
On May 15, 2015, this Court rendered a divorce decree that failed to include
property that at the time was community property, and Counter-Plaintiff is therefore entitled to
half of the interest of said property.
The parties are co-owners of a house and a car wash located at 225 Aquiles
Serdan, Cuidad Acuna, Mexico.
Counter-Plaintiff seeks a partition of the above-described tracts of land among the
co-owners in accordance with their respective interests, as set forth below. In this connection
Counter-Plaintiff estimates the present value of the undivided tract to be $200,000
Counter-Plaintiff’s share in the above-described tract consists of a tenancy in
common as this property was community property not divided upon divorce.
Counter-Defendant’s share in the above-described tract consists of a tenancy in
common as this property was community property not divided upon divorce.
The Counter-Plaintiff is informed and believes and so alleges that the above-
described and owned interests comprise the total ownership of the tract sought to be partitioned
and that the tract is subject to no other claim.
8. WHEREFORE, Counter-Plaintiff requests that Counter-Defendant be cited to
appear and answer, and that on hearing the Court enter a decree as follows:
1. Determining the share of each of the joint owners of the property described above.
2. Determining that such property is susceptible to partition, and directing partition in
accordance with the respective shares of the parties.
3. Appointing three or more competent and disinterested persons as commissioners to
make such partition in accordance with the decree and the law, subject to confirmation by the
Court on notice to all parties.
4. Directing the issuance of a writ of partition.
5. Awarding recovery of costs, interest, and such other relief to which the Counter-
Plaintiff maybe justly entitled. It was necessary to secure the services of Ryan Mosler, a licensed
attorney, to enforce and protect the rights of Lupe Perez. Counter-Respondent should be ordered
to pay reasonable attorney’s fees, expenses, and costs, and a judgment should be rendered in
favor of the attorney and against Counter-Respondent and be ordered paid directly to the
undersigned attorney, who may enforce the judgment in the attorney’s own name. Counter-
Plaintiff requests postjudgment interest as allowed by law.
Counter-Plaintiff prays that the Court deny Counter-Respondent’s Petition for
Enforcement of Property Division by Contempt and that Counter-Plaintiff recover all attorney’s
fees and costs incurred.
Respectfully submitted,
By: /s/Ryan S Mosler
Ryan S. Mosler, Esq.
PO Box 10942
Austin, Texas 78766
718-406-3878/512-686-3755
512-686-3755
#24075673
Attorney for The Counter-Plaintif
CERTIFICATE OF SERVICE
This is to certify that on 27th day of November, 2018 a true and correct
copy of this Original Answer was served to all parties as follows:
Via Electronic Mail to:
Marco Sanchez
Sanchez & Farrar, PLLC
314 East Highland Mall Blvd., Ste. 304
Austin, TX 78752
Phone: 512-535-0807
Fax: 866-357-4460
Email:office@sanchezfarrar.com
Document Filed Date
November 27, 2018
Case Filing Date
January 17, 2014
Category
DIVORCE W/O CHILD (FAMILY LAW)
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CAUSE No. D-1-FM-14-000320 § IN THE DISTRICT COURT JESUS JUAREZ HERNANDEZ § § 201st JUDICIAL DISTRICT V. TRAVIS COUNTY LUPE PEREZ § COUNTER-PETITON FOR ENFORCEMENT OF PROPERTY DIVISION This Counter-Petition is filed by Ryan Mosler, who is the Attorney for LUPE PEREZ (hereinafter referred to as “Counter-Plaintiff”). Discovery in this case is intended to be conducted under Discovery Level 2 of the Texas Rules of Civil Procedure. This Counter-suit is brought by Lupe Perez, Counter-Plaintiff under The Texas Property Code Section 23.001. The property to be partitioned under the aforementioned code is in regard to undivided property interests upon divorce according to Texas Family Code 9.201. Counter-Respondent is Jesus Hernandez and has been duly served through his attorney of record, Marco Sanchez. On May 15, 2015, this Court rendered a divorce decree that failed to include property that at the time was community property, and Counter-Plaintiff is therefore entitled to half of the interest of said property. The parties are co-owners of a house and a car wash located at 225 Aquiles Serdan, Cuidad Acuna, Mexico. Counter-Plaintiff seeks a partition of the above-described tracts of land among the co-owners in accordance with their respective interests, as set forth below. In this connection Counter-Plaintiff estimates the present value of the undivided tract to be $200,000 Counter-Plaintiff’s share in the above-described tract consists of a tenancy in common as this property was community property not divided upon divorce. Counter-Defendant’s share in the above-described tract consists of a tenancy in common as this property was community property not divided upon divorce. The Counter-Plaintiff is informed and believes and so alleges that the above- described and owned interests comprise the total ownership of the tract sought to be partitioned and that the tract is subject to no other claim. 8. WHEREFORE, Counter-Plaintiff requests that Counter-Defendant be cited to appear and answer, and that on hearing the Court enter a decree as follows: 1. Determining the share of each of the joint owners of the property described above. 2. Determining that such property is susceptible to partition, and directing partition in accordance with the respective shares of the parties. 3. Appointing three or more competent and disinterested persons as commissioners to make such partition in accordance with the decree and the law, subject to confirmation by the Court on notice to all parties. 4. Directing the issuance of a writ of partition. 5. Awarding recovery of costs, interest, and such other relief to which the Counter- Plaintiff maybe justly entitled. It was necessary to secure the services of Ryan Mosler, a licensed attorney, to enforce and protect the rights of Lupe Perez. Counter-Respondent should be ordered to pay reasonable attorney’s fees, expenses, and costs, and a judgment should be rendered in favor of the attorney and against Counter-Respondent and be ordered paid directly to the undersigned attorney, who may enforce the judgment in the attorney’s own name. Counter- Plaintiff requests postjudgment interest as allowed by law. Counter-Plaintiff prays that the Court deny Counter-Respondent’s Petition for Enforcement of Property Division by Contempt and that Counter-Plaintiff recover all attorney’s fees and costs incurred. Respectfully submitted, By: /s/Ryan S Mosler Ryan S. Mosler, Esq. PO Box 10942 Austin, Texas 78766 718-406-3878/512-686-3755 512-686-3755 #24075673 Attorney for The Counter-Plaintif CERTIFICATE OF SERVICE This is to certify that on 27th day of November, 2018 a true and correct copy of this Original Answer was served to all parties as follows: Via Electronic Mail to: Marco Sanchez Sanchez & Farrar, PLLC 314 East Highland Mall Blvd., Ste. 304 Austin, TX 78752 Phone: 512-535-0807 Fax: 866-357-4460 Email:office@sanchezfarrar.com