Help, I need to know if there is any help I can get for exhusband trying to boot my parents out from his house, they have lived there for 15 years?

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Help, I need to know if there is any help I can get for exhusband trying to boot my parents out from his house, they have lived there for 15 years?

My exhusband was awarded the house in our divorce over 15 years ago, but he has never refinanced it, and the house is still in both our names. My parents have lived in the house and payed the mortgage and kept up with the repairs on the house with verbal agreement that they could live there unconditionally, for the past 15 years. My exhusband has now sent his NEW WIFE to drop off a lease agreement and wants to increase and start collecting rent and wants to impose a Security Deposit on my parents with certain restrictions, to them not having pets and other occupants in the house. Are there any rights that my parents have? Also after Hurricane Ike, I have been the one to make the claim on the house and get the insurance process going, he didn’t care about the house, and now with the new wife, he all of a sudden has interest in this property. What or is there anything that we can do, do we have ground to stand on? Please help with your advice…. Deperately awaiting your answer….

Asked on May 28, 2009 under Real Estate Law, Texas

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You absolutely need to get a very good lawyer on this case, right away.  One place to find qualified attorneys is our website, http://attorneypages.com

I can't imagine that your ex-husband can simply get away with this, but I'm not a Texas lawyer, and laws on the subjects that matter here -- divorce law as well as real estate -- are different from one state to the next.  And the entire history of this house, from your divorce decree on, probably has to be looked at in detail, to figure out what should happen.

In many states, oral agreements about real estate, other than leases for no more than a year, have to be in writing.  At the same time, if people have honored an oral agreement over an extended period of time, the courts will protect them, at least somewhat, from unfairness.  If the divorce decree required your ex-husband to refinance and get your name off the deed, and he never did that, it complicates this whole situation quite a bit -- which might well work to the advantage of you and your parents.


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