divorce and home

UPDATED: Oct 11, 2016

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 11, 2016Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

divorce and home

Wife served me with divorce papers. I purchased home before marriage but she has always lived there with me. She is not on the deed only the beneficiary. She is now not letting me sell the house and I cannot afford mortgage on my own. What can I do? Can I refinance and rent the house out? My divorce date isn’t for a year..

Asked on October 11, 2016 under Family Law, Texas


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

Answered 6 years ago | Contributor

Before you sell the property, you need have a family law attorney review your paperwork.  It sounds like you can demonstrate that the home is separate property, but the court will first presume that it is community property until  hearing is held regarding that issue.  More and more courts are putting standing orders into effect when a divorce is filed which prohibit the parties from selling items when they have not been officially been declared separate or community property.
However, you are not without options.  A divorce does not have to take a year.  If you want to negotiate a resolution through the attorneys or a mediator, you can potentially be divorced and done in sixty days.... and in your final decree, you and her can devise a plan for dealing with the house issue. 
If she is filing and fighting for divorce just to torture you, then find an attorney to help you request temporary orders so that you can get permission from the judge to permit you to sell it.  Alternatively, you can ask the judge to order her to pay part of the mortgage if she persists in asserting that the house in community property or involves a community assets/interest.
If you and her have both moved out, then renting the home out is a good option (or a room or two out of the home), because it helps pay for the house while preserving the asset until you can have a hearing and request permission to sell it.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption