Legal Question in Family Law in Texas

After getting divorced from my husband, we were to sell our house and split (if any) profits made, but the house has been on the market for over six months, and still hasn't sold. With his constant verbal abuse to both me and my 16 yr old daughter, we either need him out, or out ourselves. Is there any way to get him to leave the house and when the house sells, just give him his half of the money? I already know I can't get approved for a loan to take over the mortgage alone, and I don't have the money to "buy him out".


Asked on 3/09/10, 12:09 pm

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

I assume that after the divorce, you and he went back and lived together in the house.

You have the option of taking the position that you and he remarried (informally) after the divorce; you would file for divorce again, ask for temporary orders, and ask to be awarded the temporary exclusive use of the residence.

At the final hearing, you would ask the Judge to make a ruling that would allow you to occupy the house (exclusive of Dad) until it is sold.

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Answered on 3/15/10, 8:57 am


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