How can I fight an eviction?

UPDATED: Sep 30, 2022

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How can I fight an eviction?

My husband and I bought a home about 5 years ago. We couldn’t get financing so we borrowed the money from his parents. We had a standard contract drawn up to pay $500 per month with 4%. My husband has not made a house payment in over 2 years, maybe even 3 years. Nobody batted an eye. My husband walked out on me about 3 months ago and has stopped paying everything in my name. I am a stay-at-home wife and have been for 13 years. I have 0 control over the money. I want to buy our house from him for what we owe and he was fine with that. He agreed to my doing this. His mother wants us to sell and split the profit. Now his parents have decided to evict me. I have been here 3 months since he left. I can’t get a loan for the house as I have no work history and bad credit. So I needed to ask a personal party. Now that I found out in being evicted in our of time to find a lender and I’m afraid I’ll loose my home. I can’t hire a divorce lawyer as I don’t have $5,000. In hoping you can help me. I’m very desperate; if I lose my home my kids and I are out on the street as I have no where else to go right now.

Asked on May 29, 2017 under Real Estate Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

In whose name is the house title? If it is titled in your and your husband's name, they cannot evict you, even if you and your husband failed to make payments under the agreement or contract: they can sue for the money, but not evict if they are not the owners.
However, if the home is titled in the parents' name, then they can evict you for nonpayment and you would have no defense other than getting current (somehow) on the money you owe.

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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