Legal Question in Family Law in Texas
Divorce decree
If I sign a divorce decree do I still have to appear in court? This was included in the decree:
The real property(our house), including but not limited to any escrow funds, prepaid insurance, utility deposits, keys, house plans, home security access and code, garage door opener, warranties and service contracts &title& closing documents has been awarded to my husband and the property shall be sold for a price that is mutually agreeable to Petitioner and Respondent.
The property shall be sold for a price that is mutually agreeable to Petitioner and Respondent. Failing mutual agreement, the parties agree that the property shall be sold at a price determined by the broker who is listing the property.
Each party shall be responsible for � of the payments of principal, interest, taxes, and insurance on the property during the pendency of the sale.
The net sales proceeds (defined as the gross sales price less cost of sale and full payment of any mortgage indebtedness or liens on the property)shall be distributed as 50% to each party.
Does this seem like a fair agreement? What happens if I sign the decreee and don't show up for the court date?
2 Answers from Attorneys
Re: Divorce decree
Maybe you made a mistake when you wrote out the question, but the wording reflects that the house is not awarded to your husband, but awarded to both of you. If it says that its awarded to your husband, but has language dividing the payments and the proceeds and the responsibility, then you need this clarified.
Re: Divorce decree
You have not given us enough information to determine if this is fair or not.
I would urge you to talk to an attorney.
You are trying to save money but this is one time that trying to save money could cost you money.
I often have people call me after the divorce is granted and the house does not sell and things are a mess. That is when it's really expensive to hire an attorney and often we can't "fix" what you agreed to and now regret.
Please hire an attorney and talk to that person about all the options.
Good luck!
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