What to do about an expense that I should not be liable for when selling our jointly owned home?

UPDATED: Dec 21, 2011

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What to do about an expense that I should not be liable for when selling our jointly owned home?

My ex-husband and I sold our home and according to our divorce decree any repairs he makes to the house I do not have to pay for it unless it is suggested by our realtor.  My ex lives in the house and he put in new carpeting 7 months ago. A month later we picked a realtor to sell our home and at the closing my ex tells me I have to pay for half of the carpeting; our realtor said that my ex put in the carpeting because she asked him to do so.I do not understand how this is possible when he put in the carpeting a month before we hired her as our realtor. What can I do to get out of this?

Asked on December 21, 2011 under Real Estate Law, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I would take the position that all improvements made to the property before it was listed for sale by the real estate company for your former husband are items that he is responsible to pay for and repairs and improvements post the listing date would be items that you and your former husband would pay for equally.

The logic is that pre-listing improvements and repairs were not done in contemplation of the sale of the property while post listing date improvements were.

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