Legal Question in Real Estate Law in Texas

Payment for rental property prior to divorce

I have been separated from my husband and temporary orders have been set till the divorce.

We bought a house prior to this separation in which we rented out.

When I separated and left there were no rentors in the house and he said he would take care of finding rentors. He did and is now taking the money and not paying the mortgage. The house is going to forclose any day.

In the temporary orders it does not specify anything about the rental property.

I have not done anything at this point in managing the property and would like to know if I should involve myself by telling the rentors to give half the money to me for my legal fees as he has claimed or get information about them? Would this help in my settlement in the end. If I involve myself could I be liable for the debt more than I am now?

Asked on 11/21/03, 1:32 pm

1 Answer from Attorneys

Cheryl Rivera Smith The Smith Law Firm

Re: Payment for rental property prior to divorce

This is a dangerous situation. You have a right to tell the renters to give you all of the money so that you can make the mortgage payment. If the house goes to foreclosure, they will have no rights under the lease and will probably be evicted by the new owner. Also, if it goes to foreclosure, the lender may file a deficiency judgment against you for all of the costs of foreclosure and resale of the property. After that, you have the fraud issue with your ex-husband. I would talk to your divorce lawyer about that one. Best of luck.

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Answered on 11/21/03, 3:15 pm

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