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?
1 Answer from Attorneys
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.