Legal Question in Family Law in Texas

My Ex-wife and I bought a house while we were married. It is in both of our names. When we divorced we had a verbal agreement that I keep it for the kids since she couldn't afford it and didn't want to live in it. We put in the divorce that she could live in my old house for as long as she wanted free of charge. Now she wants to move out of state and wants me to pay her for half the house. She has never made a payment on the house. I cannot afford to buy her out or refinance it in just my name. What are my rights concerning the house.

Asked on 4/05/11, 5:58 pm

Mark Dunn Mark D. Dunn

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We're going to need some more information.

1. I assume that there are two houses - the house purchased during marriage, and the "old house."

2. Which house does she want you to pay for half of? The "old house" or the one purchased during the marriage?

3. Whose names show up on the deed for the "old house"? Whose names show up on the financing (mortgage) documents?

4. Whose names show up on the deed for the house purchased during marriage? Whose names show up on the financing (mortgage) documents?

5. What does the divorce decree say about each house in terms of

a. designating it as community property or separate property and

b. awarding it to someone?

Answered on 4/07/11, 10:58 am

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