Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
If you have a written agreement with ex that you are to receive half the proceeds from the sale of the house, then that would be a legally binding contract as long as ex signed it and you could enforce it in court if he refused to comply with it.
But if he is wanting to sell the house, then he can legally do so since it is presumably in his name only and is legally considered his separate property even though it is subject to the agreement for you to receive half the surplus proceeds from any sale.
I hate to lump bad news into this, but you need to know this... If he is the only one on the deed, then he would legally be considered your landlord and could evict through the courts after giving you a 20 day written notice. The court eviction process takes about 3-4 weeks additionally after the 20 day notice expires.
But he can't do anything until he gives you a written 20 day notice and it expires.