Legal Question in Family Law in Texas

Forclosure, Do I Have Any Recourse?

My divorce was final 10-31-07. This is a bi-fold question. We were selling our house prior to the divorce, which included a seperate lot of land next to our house which was paid for in full. It's value is $20,000. Our divorce decree says that HE is responsible for selling the house at an agreed upon price (I was never consulted on the price) and HE will make all payments until it is sold. We split all profits of the house 50/50. As soon as our divorce was final, he stopped paying on the house- it is now in forclosure! And after the divorce he stated to me that now he took the land off of the sale of the house agreement and it is now his ''free and clear''. The land was never mentioned in the divorce because it was understood that it was in the sale of the house.

1. Can he do This? Just stop making payments and let the house go in forclosure? Do I have any recourse?

2. Can he now just sell the land and keep 100% of the proceeds?

And no I did not have a lawyer as I am on SS disability and surely couldn't afford one on $800.00 a month.


Asked on 4/26/08, 1:58 am

1 Answer from Attorneys
Patricia F. Bushman BUSHMAN LAW OFFICES

Re: Forclosure, Do I Have Any Recourse?

All of this depends on what your decree actually says and what you can afford to do about it. If you had an attorney during the divorce call him or her. If you didn't, try calling one of the legal aid organizations like Lone Star Legal Aid. Good Luck!

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Answered on 4/26/08, 5:27 pm


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