Legal Question in Family Law in Texas
My wife and I are planning to divorce. The only outstanding issue that we may have difficulty in resolving ourselves is our house. We are both on the deed however, only my wife is on the mortgage. We purchased the home about 2 years ago for $195,000. I am estimating the value today as about $215,000 (+/-), so there is little equity in it.
I suggested we sell the house and split whatever equity there might be. She does not want the house but does not want to sell it and will not discuss the issue with me. She said if I can refinance in my name I can have the house. I can appreciate what she is saying however, I cannot afford or qualify for the mortgage, she can.
At her request I moved out of the house in November 2011 and living in an temporary lodging for now. I am willing to sign off my interest in the home but would like to be compensated. I have tried to discuss the issue with her but she does not want to talk about it so I suspect we will need to have an attorney for assistance.
Question: In general what rights do I have to force a mutually agreeable resolution to this issue and if needed an estimated cost in attorney fees to assist with negotiating?
1 Answer from Attorneys
There is no right to a mutually agreeable resolution. There is a right to a "just and right division" of the community estate. You get that by going to trial. If you don't have any kids, an attorney might try a property case for $2,500 or so, but that's an estimate. No attorney will give you a price without talking to you in detail about all the issues.
Focus on the NET division of property, though, not the division of each asset and each debt. That is how the court will approach it and so will an attorney.
Good luck!!
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
