Will I need a lawyer to settle property issues after a divorce?

UPDATED: Oct 19, 2011

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Will I need a lawyer to settle property issues after a divorce?

My ex lives in the paid for house that we shared. The county tax district appraises it for $125,000. My ex has offered me $35,000 because “the market is down and who knows when or if it would sell”. I will not accept this offer but I’m not sure if I may need legal assistance for this transaction.

Asked on October 19, 2011 under Family Law, Texas


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

Answered 11 years ago | Contributor

Property issues should be resolved before the divorce is final and recorded in a divorce decree.  This includes the sale and disposition of homes, cars, and other real property.  Many times a judge will appoint a "receiver" to handle the sell of homes to make sure that one spouse does not short change the other.  Essentially the receiver will "receive" funds and help negotiate the sale.  The sale of a home is a major property issue.  If you are already divorced from your husband and for some reason this issue was not resolved prior to the divorce being finalized, then part of what can and cannot be done will depend on the divorce decree.  Regardless of whether you obtain the home before or after the divorce is final, you will want to have an attorney involved.  Many people try to do property divorces pro se (on their own) and end-up have to pay an attorney more on the back-end because they don't understand all of the collateral paperwork involved, like drafting a warranty deed and the tax consequences of a sale.  To make sure that the sale is done correctly, that your interest is perfected, and you're not ripped-off during the sale, at least consult with an attorney that regularly practices family law. 

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