Legal Question in Real Estate Law in Texas

Selling home without consent

Can my xhusband sell our old house without my consent even though we are both on the contract? I was awarded the house in the divorce but allowed him to stay there after I bought a new home. When we bought the house it was with with the understanding that it would be our primary residence and not used as a rental property. Now he lives with his girlfriend and is renting out the old house to pay the mortage and I found out he has put the house on the market without my knowledge or consent. I am listed as co-borrower on the loan. So can he legally do any of this?


Asked on 3/11/02, 2:48 pm

1 Answer from Attorneys
Lawrence Maun Lawrence J. Maun, P.C.

Re: Selling home without consent

This is confusing. If you were awarded the house in the divorce he should have deeded it to you and been paying you rent, or paying the note as rent. If no deeding occurred when you divorced, you are most likely still a record owner of the house. You need to first check the real property records of the county the house is in to determine record title. You then should insist on enforcement of the divorce decree if you are entitled to the house. Assuming you are on the tiltle he can't sell it without your consent. Larry Maun 713.266.2560

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Answered on 3/11/02, 3:16 pm


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