Legal Question in Real Estate Law in Texas

Divorce, Death and Listing Agreements

My wife (recently deceased) and I

own two homes and both our names

are on each deeds. While negotiating

a divorce settlement (not finalized

prior to wife's death) it was

understood (via mediation) that wife

was to receive one house at final

divorce settlement and I was to

receive the other. While process

dragged out, wife listed house (to be

hers) with a broker for sale. I was

not a party to the listing agreement

though the deed is in both our

names and the mortgage is solely in

my name. My wife passed away and

the broker refuses to disclose the

terms of the listing agreement or

provide me access to the property. Is

this listing agreement valid? Is this

broker in violation of the Code of

Ethics? What is my legal recourse?


Asked on 8/01/08, 11:50 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: Divorce, Death and Listing Agreements

You need an attorney to look at the settlement agreement from the mediation, your other pending divorce papers, and assess your rights. It may be necessary to have a letter to the broker from the attorney written if you retain an interest in the house. I believe that the broker believes that he/she is complying with the code of ethics, however, he/she should consult an attorney as well.

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Answered on 8/02/08, 8:41 am


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