Legal Question in Real Estate Law in Texas

Setting up Life Estate in Divorce decree

In my 32 yr old divorce decree (March , 1973), my intention was (per my attorney) to give my x-husband a life estate to the house we owned at time. It was then to go to our three children. The decree reads ''...that respondent have, and he is hereby awarded judgment for title and possession of said household and kitchen furniture, ...and said house and lot during respondents's natural life and that on respondent's death, said house and lot shall go to petitioner's and respondent's children.'' Does this, in and of itself, set up the intended Life Estate(as per my attorney)? House has recently been sold without my or my children's knowledge. What recourse do we have, if any? We recently visited the attorney in question, who drew up decree and he says he will get to bottom of this at a fee of $150/hour. Will I be throwing good money after bad in using him?


Asked on 10/23/05, 1:35 pm

1 Answer from Attorneys

Re: Setting up Life Estate in Divorce decree

Without looking at the papers, it sounds like everything may be in order. To save some costs, you can do some of the leg work for the attorney and provide him with all of the contact information of the buyer, the seller, the mortgage company, the title company that was used, and a copy of the papers on file at the courthouse. I am assuming you know who sold the house. Your attorney is probably thinking this is an improper sale and ask him if he will recover his fees from the other parties after this matter is properly settled.

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Answered on 10/23/05, 1:41 pm


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