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LawyerDavid
LawyerDavid, Attorney
Category: Family Law
Satisfied Customers: 376
Experience:  Highly experienced attorney Commercial Law, Litigation, Intellectual Property Law, and Family Law
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What are my options when I have been served papers sell my

Customer Question

What are my options when I have been served papers sell my home.My ex wife and I in the divorce decreed had to sell our home by `1/1/17 but we refinance in 2/1/16?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Texas
JA: Has anything been filed or reported?
Customer: I was served papers to appear in court June 1, 2017
JA: Anything else you want the lawyer to know before I connect you?
Customer: she is being vindicative because we purchased wedding rings and was talking of remarrying.
Submitted: 4 months ago.
Category: Family Law
Expert:  LawyerDavid replied 4 months ago.

Hello: my name is ***** ***** I would be happy to assist you today. I am not sure what your question is in this instance, but it appears you have been served with papers to appear in court and that you have not complied with the divorce decree that required the house to be sold. What do the papers you were served with say the issue is that will be addressed when you appear in court? As far as options go, I need more information to give you any direction but the first thing is if you are ordered to appear in court I would tell you to retain an attorney and appear in court to address whatever issue there is that is being raised. I would also take whatever steps are necessary to comply with the divorce decree. You ex may be vindictive but if she has a legal way to get back at you I would suggest you address it head on or the consequences can be very expensive. Please fill in more details about your situation and what you need to know from me and I will respond as soon as I can. David

Customer: replied 4 months ago.
We agreed to refinance the home in 2016 and we was working on rebuilding our relationship. We even picked out rings. She has not talk to me in over a month. I don't know what happened. If she wanted to sell the house to satisfied the divorce decreed, why did she agree with me to refinance in 2016. Furthermore if she changed her mind why didn't she tell me. I'm getting served papers for contempt and non compliance to the divorce but not once did she even speak to me about her change of heart. This leaves me homeless because I was working toward remarrying her. How can I be served when she never said anything to me. If I said no to selling then I can see myself being sued. Can I have her pay my attorney fees since she is suing me without even asking me to sell the home.
Customer: replied 4 months ago.
I feel she is being vindictive because instead of talking to me, she is using her divorce lawyer to file a false claim of contempt and she want me to pay all of her legal fees and court costs. That's not fair because it states in the decreed that Both parties must agree on the listing and selling of the property. I was never given that chance.
Expert:  LawyerDavid replied 4 months ago.
Thank you for the additional information. It is my understanding from your ride up that the court ordered the house to be sold in the divorce decree. Wendy court ordered this to occur, neither you nor your ex-wife had the authority to change your mind or refinance the home. If the court orders this, if the two of you change your mind you would need to go get the court order changed and allowed to refinance the home. Your wife does not have the authority to give you permission to stay in the home and refinance the home or do anything other than comply with the court order. I completely understand this is not at all what you want to hear, but she can also be held accountable for violating the court order when she agreed to go along with the refinancing of the home. I do not know why she has changed her mind, but her attorney has likely advised her that she along with you are both in contempt of court as of now because the home has not been sold. I would suggest attending the hearing and agreed to comply with the court order, or asking for the order to be revised so that you can stay in the home. These are matters that can be worked out if you speak with her attorney, or possibly you retain your own attorney. Again, I am really sorry to be the person that give you this type of news but you do need to comply with a court order and now attend the hearing to explain why you have not complied with a court order. Your wife is not under an obligation to notify you that she has changed her mind with regard to the refinance or that she has filed papers in the court. I really hope this works out for you very soon, and I would suggest that you consult with a family law attorney in the immediate area where the divorce decree was ordered to see if they can work the matter out before having to attend the hearing. Please feel free to post any follow-up you may have on this matter and I would be happy to respond as soon as possible. Best of luck to you and I am really sorry for the news and information that has been provided. David
Customer: replied 4 months ago.
Well David, I would love to be able to stay in my home. What is the best way to approach her and her attorney about changing the order? I would still give her 50% of the proceeds from the sale of the home at a future date. I'm really not in a financial position to move with such short notice. It also states in this decree that we are both equally responsible for the upkeep, maintenance and payment of the mortgage, home taxes and home insurance. My ex did not provide any financial support to the home from December 2014 to April 2016. So for those 16 months, she will have to pay her half from the proceeds. I would be willing to forgive that debt as a show of good faith in negotiating a new contract for the sale of the home. I would propose that the court give me 1 year to have the home sold. This way, I can find a suitable place to live without feeling rushed. Would you consider taking this case? And if so, what would it cost?
Expert:  LawyerDavid replied 4 months ago.
Thank you for providing the additional information on your question. The write-up that you have provided indicates to me that you do certainly have some leverage to negotiate a better deal for going forward under the divorce decree. I would suggest calling the attorney on the other side and try to negotiate the best deal that you can. We are unable to form an attorney-client relationship on this site, but you could find an attorney in the immediate area where the divorce is pending to make that call to the other attorney if you prefer. However, if finances are an issue I would suggest calling the attorney your self and working out the details of the transaction with that individual without contacting your ex-spouse directly. I'm really sorry for your troubles and I hope that this works out for you very soon. David
Customer: replied 4 months ago.
The divorce was finalized May 9,2014. So the divorce decreed is all that left. Can she force me to move and sell post haste now
Expert:  LawyerDavid replied 4 months ago.
She cannot, but the court can order you to move at the upcoming hearing. I would work it out if you can before the hearing with you ex attorney.