Legal Question in Family Law in Texas

Ex will not sell/refinance house he is responsible for.

In our divorce decree, it stated that the person that was in possession of the property would be responsible for all debts connected with property awarded to that party. My ex was given all community property since I left with only what was mine before we got married.

I have asked him to refinance, sent him assumption paperwork and offered to pay for the fees, and asked him to sell the home. To all of these he tells me no. I have since remarried and we are moving out of state.

Would I have a case to either amend our decree to state he must refinance or sell within an allotted time frame?

Or could I sell my undivided half of the property to a realtor?

Could he be held in contempt for not taking on the debts as it states in the decree by refinancing in only his name?

We are seeking legal counsel, but were interested in whether or not we have a case before placing an attorney on retainer.

Thank you so much!


Asked on 7/26/07, 11:17 pm

2 Answers from Attorneys
TC Langford Langford Law Office

Re: Ex will not sell/refinance house he is responsible for.

Presuming the decree specifically addresses the issue of the house, you should hire a lawyer to file an enforcement action. The court will force the sale of the house, if he is not willing to purchase your share of the equity.

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Answered on 7/27/07, 7:44 am
Jeffrey Brashear The Brashear Law Firm, PLLC

Re: Ex will not sell/refinance house he is responsible for.

You should retain an attorney to assist you with the enforcement action on your divorce decree. An enforcement order does not alter or affect the finality of the decree of divorce being enforced. But an enforcement order may specify more precisely the manner of effecting the property division previously made if the substantive division of property is not altered or changed. If my law firm can assist you with this or any other legal matter, please contact my office manager Mr. Ed Smith ([email protected]).

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Answered on 7/27/07, 9:29 am


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