Legal Question in Family Law in Texas

My brother and his wife got divorced by online divorce (which she drew up). She had given him some money to pay for 3 acres of land that my sister had. When the Warranty Deed was drawn up, my brother's ex did not want her name on it at all. Well, she had her mobile home placed on the property that was purchased. She paid for the septic system just for her mobile home. In the divorce papers from online, she had it stated that he pay for land and mobile home $36,000.00 in payments of $500.00. He signed the papers just to get her out of his life. Well, her son moved in the mobile home for 2 years, and the agreement for this is that my brother did not have to pay the $500.00 as long as her son was living there, and that the payment would be considered paid. He had paid well over $12,000.00. The son moved out and totally trashed the place. My brother cannot afford to refurfish the place. My question is, would she be a creditor, and if so, what would happen if he just stops paying her. Wouldn't the land be considered paid off first? He has already paid $12,000.00. In the decree, it does not state how much for land and how much for the mobile home, but the actual sale of the property from my sister was $10,000.00 and the mobile home my brother's ex was asking was $25,000.00. He really needs advice.

Asked on 6/07/10, 5:48 am

Fran Brochstein Attorney & Mediator

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I highly recommend that he take all these papers to an experienced attorney in his county.

It would be inappropriate to try to answer this complex questions on this website.

Answered on 6/08/10, 11:54 am

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