Legal Question in Family Law in Texas
I was divorced in OK and now reside in TX. My ex lives in FL. When we divorced, I wanted it amicable and agreed to be responsible for the two homes we have mortgaged between us. One is in FL, and under water so we can't sell it, but it's rented. One we were living in in OK, unable to sell it, due to market constraints and time of ownership, which is also rented. We had no way of knowing how long it would take to sell them and I am also paying alimony. Recent complications have caused me to put additional monies into the houses for repairs and I asked her to allow me to pay her less alimony and she refuses. Do I have any recourse of action? If I don't pay her alimony, can I be liable? If so, would she have to file in TX?
1 Answer from Attorneys
Since the divorce was in Oklahoma, any further proceedings (except enforcement) would happen in Oklahoma. Under Texas law, in general, the response is no - since it was found to be a just and right division of existing assets and debts. You do not way what provisions exist for the eventual disposal of the rental houses - and that could be an avenue for relief. Talk to an Oklahoma attorney to review the decree and see if you have options.