Sale of home as result of divorce in Texas

UPDATED: Sep 30, 2022

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Sale of home as result of divorce in Texas

My wife and I were married for 20 years in Texas. We bought a home 6 years ago. Because of credit problems I had, the house was put in my wife’s name only. She is in process of selling the house. Per the divorce papers I am suppose to receive half the proceeds from the sale. Now she is telling me she doesn’t have to give me anything because my name isn’t on the house papers.

Here is my question. Since Texas is a community property state, when she sells the house. Will I have to sign the sale papers? Also if I don’t have to sign. How do I make sure I get the 50 of the proceeds that the divorce papers say I’m entitled to?

Asked on July 20, 2016 under Family Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The divorce decree controls, regardless of who's name is on the deed.  You need to hire an attorney to send her a demand letter.  Usually, an official reminder helps resolve a lot of issues.  If that does not work, then the attorney may need to help you file the appropriate enforcement documents.  You may need to file a copy of your divorce decree with the clerk where the deed is recorded and a notice to any other individuals-- what this does is that it clutters the title and impairs her ability to sell it without a proper distribution.  Your other option is to file a motion to enforce the decree.

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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