If you owned land with your ex-husband and now he’s remarrying, will his new wife have possession of the land?

We were divorced in 2008, the land was not divided and now I live on the property.What should I do.

Asked on September 20, 2016 under Real Estate Law, Texas

Answers:

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

Answered 4 years ago | Contributor

If the property was not awarded to one party or the other, then you need to file a suit to clear the title into your name alone or to divide the asset.  Until it is declared one or the others, then either spouse can assert an ownership interest in the property.  If you have been exercising sole possession of the house, you may be able to make an additional claim for adverse possession.
With regard to his new wife.... she would not have an ownership interest unless your ex-husband gifted her part of his share.  Because the house was acquired prior to his marriage to the new wife, the house will be considered part of his separate property estate.


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