Legal Question in Family Law in Texas
Divorce Settlement
I was divorced May 2, 2006, in Hill County, Texas. In the divorce settlement my former husband was allowed to stay in the residence as long as he paid all utilities, proper mortgage payments, taxes, etc. concerning the property. Upon the sale of the property I was to receive a sizeable amount of money as my separate property which was invested in building the residence as well as half of the equity. My ex husband has blocked every opportunity to sell the property and as of January 6, 2007, he is re-marrying and he and his new wife will be living in the residence. My name, as well as my ex-husband's is on the deed. My legal question is, ''What are my rights when there is a third party involved.?'' My ex-husband is also in contempt of court by not making the necessary mortgage payments the judge ordered him to make.
Thank you for your attention to this matter.
Most sincerely,
--name removed--McGarrahan
1 Answer from Attorneys
Re: Divorce Settlement
You should gather your evidence that he has blocked the sales and seek an Order of Sale - taking the discretion out of his hands and putting the decision in your hands. If this effort is worth the results you are seeking, I advise you to obtain the services of a qualified attorney to assist you. Attorneys fees are recoverable in these situations.