What to do about my ex-husband and the sale of my home?

UPDATED: Oct 1, 2022

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What to do about my ex-husband and the sale of my home?

I bought a house 14 years ago and at that time I was getting a divorce. My ex-husband left years prior to me filing and purchasing home. Now I am trying to sell my home and was told he is entitled to a percenteage of it or sign a waiver. He never was in the picture, didnt know his whereabouts. The court couldn’t service his divorce papers and the judge just ruled it done due to abandonment. Now I’m supposed to find him to sign some waiver but I don’t know where he is. Otherwise he gets a cut. What legal advice can you give?

Asked on October 24, 2017 under Family Law, Texas


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

Answered 5 years ago | Contributor

If you owned the house at the time of the divorce action, which it seems that you did, then you can file a petition in the original court to divide the asset. 
The easiest way is certainly to try to find your ex- and have him sign the waiver.  However, the alternative if you cannot find him, is basically to re-open the divorce, have the court review th property, and award you the house.  Re-opening to divide an asset will not mean that you are suddenly "un-divorced". It's simply a mechanism for the court wrapping up certain items that were accidentally left out of the original decree.  This motion will need to be filed in the same cause and court action where your divorce was granted.

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