Legal Question in Family Law in Texas

My final divorce decree, dated 4/2009, states the house we lived in together is ordered to be sold. The house has been on the market since 12/2008. My husband was awarded the use of the house until the house sells. However my ex-husband continues to throw up impediments with the sale of the house. He has lied to prospective buyers to discourage the sale. He has tried to add unnecessary verbiage to the MLS to discourage the sale . He has left the house not in the best showing condition. What are my options?


Asked on 11/22/09, 12:08 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

Step one: Look at the decree itself; read it carefully. Does it have any provisions for what happens if somebody blocks the sale of the house? Or if the house hasn't sold after a certain period of time?

Step two: If there's no specific language about the house not selling within six months, you should ask the Court to appoint a receiver. You'll need to get a lawyer to help you with this.

The motion for appointment of a receiver looks something like this:

----------------------------------------------------------------------------

MOTION FOR APPOINTMENT OF RECEIVER

This Motion for Appointment of Receiver is brought by , Respondent, who shows in support:

1. Petitioner <> and Respondent are the owners of real property located at

, being more particularly described as follows:

[Legal description fo the property]

2. On , the Court entered a decree of divorce which provided that the said property should sold. Since the time that the Order was made, Respondent has attempted to enlist the cooperation of Petitioner <> for the listing and sale of the property, but Petitioner has absolutely refused to communicate with Respondent or to cooperate in the listing and selling of the property.

3. Unless a receiver is appointed immediately to take charge and control of the property, there is danger that the parties will suffer irreparable loss. There is no adequate remedy at law except for the appointment of a receiver.

prays that the Court grant this Motion for Appointment of Receiver.

Respectfully submitted,

[signature line]

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Answered on 11/28/09, 4:48 pm


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