Legal Question in Family Law in Texas

Re: Real Property

If I understand you correctly, you were awarded an interest in the house upon divorce, but the house was not sold at the time of divorce, so you didn't get cash and your interest in the property is secured by a lien.

If that is the case, the bank that holds the mortgage is first in line to collect their money from the proceeds of the sale. If there is anything left over, then you and any other lien holders will share in the remainder.

So it all depends on how much equity is in the house. If it is going into foreclosure, chances are there is not much equity, perhaps none.

He will still owe you the money if that happens, but you will have to collect it some other way than from the proceeds of the home. You might want to consult with an attorney to help you determine if he has assets or income that is worth going after, and to collect what you are owed.