Legal Question in Family Law in Texas
My wife and I are in the middle of a divorce in the state of Texas. We do not have a Divorce Decree nor a final Property Settlement yet. Recently the court awarded me primary physical custody of our three year old daughter. My daughter and I now live in the apartment that I have resided in during the last six months. My wife was living in the house (with our daughter) but has now moved to Iowa. It was agreed that we would sell the house and split the proceeds as part of the tentative Property Settlement. The issue is that she left the house in such disrepair it will be very costly to fix to a point where it can be shown and listed. What are my rights in this case? Can I ask the court to give me custody of the house? Can damages done in the last six months be subtracted from her % of the house sale proceeds? or should I just try to sell the house as is and be done with it?
3 Answers from Attorneys
Ask your wife if she agrees that the house needs fixing up; tell her that YOU will pay for the fixup, with the understanding that your expenditures (you will keep receipts) will be repaid to you out of HER half of the proceeds when the house sells; and if she agrees to it, write it up and have her sign a Rule 11 agreement.
If you don't have an attorney, you need one.
I would be cautious about spending money and hoping to get reimbursed. If she does not sign (or her attorney signs) a legal document called a RULE 11 and it's not filed with the court, it is NOT binding on her.
If you need a referral to an attorney, you can email me at [email protected]
If you have an attorney, TALK to your attorney!
Based on what you have written, you really need to consult with your law firm (if you have one). If you do not have a law firm assisting you, then you should consider hiring one. There are many pitfalls which could happen based on the facts you have presented and trying to get the house sold. Furthermore, which court is your case pending in - there are varying judicial thoughts on the facts you have presented.
The above response given is not intended to create, nor does it create an on-going duty to respond to questions. Additionally, the response does not form an attorney-client relationship, nor is it intended to be anything other than an educated opinion. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.
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