Sale of home as result of divorce in Texas

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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

Answers:

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

Answered 5 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.


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