Will I need a lawyer to settle property issues after a divorce?

Get Legal Help Today

 Secured with SHA-256 Encryption

Will I need a lawyer to settle property issues after a divorce?

My ex lives in the paid for house that we shared. The county tax district appraises it for $125,000. My ex has offered me $35,000 because “the market is down and who knows when or if it would sell”. I will not accept this offer but I’m not sure if I may need legal assistance for this transaction.

Asked on October 19, 2011 under Family Law, Texas

Answers:

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

Answered 9 years ago | Contributor

Property issues should be resolved before the divorce is final and recorded in a divorce decree.  This includes the sale and disposition of homes, cars, and other real property.  Many times a judge will appoint a "receiver" to handle the sell of homes to make sure that one spouse does not short change the other.  Essentially the receiver will "receive" funds and help negotiate the sale.  The sale of a home is a major property issue.  If you are already divorced from your husband and for some reason this issue was not resolved prior to the divorce being finalized, then part of what can and cannot be done will depend on the divorce decree.  Regardless of whether you obtain the home before or after the divorce is final, you will want to have an attorney involved.  Many people try to do property divorces pro se (on their own) and end-up have to pay an attorney more on the back-end because they don't understand all of the collateral paperwork involved, like drafting a warranty deed and the tax consequences of a sale.  To make sure that the sale is done correctly, that your interest is perfected, and you're not ripped-off during the sale, at least consult with an attorney that regularly practices family law. 


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 with SHA-256 Encryption