Legal Question in Family Law in Texas
Rule 11 default clause
I filed a rule 11 with the court signed by me and my spouse.
Part of the terms were if she failed to pay the credit card debit she maxed out within 10 days or defaults on anything... i.e. pay the truck off and some other debt within 3 years she would loose the house and equity.
My spouse 15 days later said she did not have to pay me any money until 10 days after the final decree was signed. I told her that was not the deal and her attorney was dragging her feet getting the final decree drawn up. (when i did finally receive the decree her lawyer changed a bunch of stuff on it).
I since received an email where her attorney said she is unable to meet her financial obligations per the agreement and wants to renegotiate!
How can I file a motion to get the house and equity from her? How much will it cost?
My attorney said that the rule 11 was not binding because this was family law not civil law and I cant force her out of the house. My wife makes 200k a year and her mom makes 1.5 mil a year i make 40k a year.
She has the means of getting another place I do not especially with the elimination of sub-prime lending and the amount of down payment required!
What do I do?
Do i need a new lawyer?
1 Answer from Attorneys
Re: Rule 11 default clause
It is hard from the fact which you have related to understand all of the issues involved. Generally a Rule 11 Agreeement is binding, but I would need to know more specifics to properly advise you. I am a board certified specialist in the field of family law, practicing in the general Houston area. I would be glad to visit with you further concerning the issues involved in your case if you would contact me directly. I can at least give you a different perspective to compare to what your present attorney is telling you.
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