can my ex evict me.? I pay 1/2 of expenses while property isn’t rented & full payment. Also am prop. manager. I be reimbursed 4 expenses? Help!

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can my ex evict me.? I pay 1/2 of expenses while property isn’t rented & full payment. Also am prop. manager. I be reimbursed 4 expenses? Help!

My ex-husband and I bought a house5 mos. before Divorcing 5-1-08. Husband filed for divorce . This property in decree states: Property is to be sold. If couple cannot agree on price, a 3rd party will be appointed by court to sell the property. “Petitioner shall continue to make all paymenrts of principal, interest, taxes, and insurance on the propertry during the pendency of the sale, and Petitioner shall have the exclusive right to enjoy the use and possession of the premises until closing. All maintenance and repairs. We rented it with option to buy. Guy moved w/out buying. I moved in

Asked on June 5, 2009 under Family Law, Texas

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

This is a bit complicated, because in one sense, you and your ex-husband are strangers, in this transaction, and in another sense, this is part of the process of putting your divorce judgment into effect.  There might be more language in the decree that matters, here, and other facts could affect the result, along with Texas law, and this isn't an area where all states are the same.

I'm not a Texas lawyer, and I don't have all the facts, so I can only talk about this from general principles.  For advice you can rely on, you really need to see a divorce lawyer, and if the one who handled your case isn't available, one place to find a new attorney is our website, http://attorneypages.com

If you pay something at least approximately equal to market rent for the property, you probably have an oral lease, since you and your ex are "strangers" and it's his house to own until it's sold, and if you have an oral lease, he'd have to follow the same procedures as any other landlord, on the same facts, to evict you.  If you're paying more than market rent, you might be able to claim some right to reimbursement for the difference, since that would be covering expenses that are his responsibility under the divorce decree.


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