Legal Question in Landlord & Tenant Law in Texas

I live in Texas and am recently divorced. In my decree the property is to be sold and the profits split between me and my ex-husband. The property that is to be sold is currently being leased. Can I break the lease without punishment if the courts are saying I have to sell the home?


Asked on 2/27/12, 10:49 am

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

It is legal to sell real property that is being leased. You would sell the property subject to the lease, that is, the new owner would become the landlord, and the lease would still be in effect.

It's not always easy to sell property that is inhabited by a lessee. Some potential buyers see it as less desireable.

You (the owner) selling the property wouldn't violate the lease.

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Answered on 2/29/12, 8:19 am


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