Legal Question in Family Law in Texas

I was awarded the house in the divorce between my ex wife and I. According to the divorce decree, I had the option of putting the house up for sale or getting my ex wife's name off of the mortgage if I decided I wanted to keep it. I have decided that I do not want to keep the property, so I have listed the home for sale. I have had the home on the market for nearly 11 months now, however, I have not had any interested buyers. The real estate agent has the home listed for as low as she can go without me having to put money into it. My ex wife sent me a text message saying that I now have one week to get her name off of the mortgage or she will take me to court because I do not have the house listed at the price she wants it listed as. The divorce decree states the following: The parties shall list the property with a duly licensed real estate broker having sales experience in the area where the property is located.
The property shall be sold for a price that is mutually agreeable to (me and my ex wife). If (me and my ex wife) are unable to agree on a sales prices, on the application of either party, the property shall be sold under the terms and conditions determined by a court-appointed receiver. (Me) shall be responsible for the legal fees incurred to force the sale, including (my ex wife's) attorney's fees. Does this mean that I have to agree with her on the LISTING price? Or does it mean that we need to agree on the price that an interested party purchases the home for?

Asked on 11/02/11, 11:48 am

Mark Dunn Mark D. Dunn

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It sounds to me like you have to agree on the SALE PRICE, not the listing price.

Your wife can't "take you to court" except to ask the court to appoint a receiver.

Answered on 11/04/11, 3:49 pm

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