Legal Question in Real Estate Law in Texas
My husband and I are in divorce proceedings. Our house went on the market for 4 days before I suggested to my husband that since he really wanted it he should refinance, pay me an amount, and remove my name from the title. Now we have found out that we have to wait 6 months to do this because it was on the market even for this short time. Can I prove that it was not a scam? We owe less than $12,000. on a house worth $200,000.
1 Answer from Attorneys
You don't have to wait 6 months - perhaps your Realtor doesn't understand your rights under the agreement. You can withdraw the property from the market. The listing agreement does not bind you to list for 6 months - you can cancel the listing at any time. What the listing agreement says is that you can't cancel and sell the property to someone else within the 180 day period without paying a commission. Having your husband keep the house is not a sale. Please have your lawyer review the agreement and explain your rights and obligations.