Can my father be forced out of his home?

UPDATED: Oct 1, 2022

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Can my father be forced out of his home?

My mother and father divorced several
years ago. One of the agreements of the
divorce was my father keeps the house.
He has since lived in the house and paid
it off yet for some reason my mother
still has the title in her name. I am
not aware if there was ever any legal
paperwork on the agreement. My mother
has not lived in the house for years.
And now years later every time my mother
gets mad at my father she threatens to
make him homeless. Is there anything
that can be done?

Asked on July 20, 2019 under Family Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If there was a divorce settlement, it is as enforceable as any other contract. If it required your mother to transfer title to his name, for example, he can bring a legal action against her (e.g. for "breach of contract," or violating the terms of the settlement) to get a court order forcing her to transfer title. Your father should consult with a family law attorney to better understand his rights to enforce the settlement (which includes understanding exactly what the settlement obligates her to do, since like any contract, it is enforceable as per its plain terms) and the cost of taking legal action.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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