Legal Question in Real Estate Law in Texas

Can house sale be forced?

I am unable to make mortgage payments neither is my husband. He lives in the family home in Texas and I live in AZ. In order to prevent foreclosure we need to sell the home, he refuses. Is there a legal way to force the sale in order to prevent foreclosure?

He has filed for divorce in Texas but no where near a court date!!!! I have no attorney.


Asked on 12/03/02, 1:13 am

1 Answer from Attorneys

Re: Can house sale be forced?

First, get a lawyer to assist you with the divorce. There could be issues with your pending divorce that would interfere with an action involving community property.

That being said, there may be a rememdy available to you to force the sale of the home. You can make a motion to the court to force the sale of the home (so long as you are the collective owners) The action is called a motion to partition the property. Consult with your divorce attorney first, though.

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Answered on 12/03/02, 1:25 am


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