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Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38229
Experience:  17 years real estate, Realtor. Landlord 26 years
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Twenty years ago my ex and myself decided to get back together

Customer Question

twenty years ago my ex and myself decided to get back together and we bought a house and sighed the paper work as husband and wife. My ex never lived at the house or ever stayed there. 6 months later she said she didn't want to get back together, and wanted to sell the house. I said I did not want to sell. We both had joint expense during the first 6 months and after that I made the payments for 14 1/2 years and paid the taxes till the house was paid off. Can I get her name off of the property so that I can now sell it if I want to with out her
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question..In order to get her off the property, you will have to file a legal case called a "partition action" and have a judge order that the house be sold. Then you would have to show the judge that she never contributed to the payments or anything related to the house and was simply on it in name only. Once you prove that you paid for everything, a judge should order that any proceeds come directly to you and she is to receive nothing unless she can prove some type of contribution to the purchase or payments over the years..The other option is to file a "quiet title" lawsuit against her and prove that you have been in sole use and possession of the property for at least 10 years under the legal doctrine of "adverse possession" in TX, which would allow you to extinguish her interests if you have prevented her from using or occupying the property for over 10 years. Once you prove that you have been in sole possession of the property and have prevented her from occupying it the judge should issue an order declaring you to be the sole owner..But either option is going to require you to hire a local real estate attorney to assist with filing the case...thanksBarrister