Legal Question in Real Estate Law in Texas

I own a house that once was also my ex-wife's for 6yrs. I have been in the home about 16yrs now of which I have made all the payments on for about 10yrs. I want to sell the house, but know that I have to get my ex involved in the sale. Her name is still on the mortgage. She has been waiting year after year for me to sell it and give her the share she feels she should get. What exactly should she get? What are my options when selling either by owner or using a realator? I just need to know something, because I am thinking of moving before my mortgage is fully paid off.


Asked on 2/03/12, 1:23 am

1 Answer from Attorneys

The answer would depend on the divorce decree. You will need to follow the instructions of the decree. Typically, she'd be entitled to 1/2 of the equity available at the time of the divorce, plus interest for the time it took you to sell, or there may be a schedule in the decree.

If the decree is silent, then she's topically entitled to 1/2 of the profits. You can argue that you may be entitled to more, if you have made improvements on your own dime. However, she has the argument that you got to live there, rent free (she would have been entitled to half the rental value for all those years.)

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Answered on 2/03/12, 6:37 am


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