Anderson, TX asked in Divorce, Family Law and Real Estate Law for Texas

Q: My divorce says I get $45,000 on the sell of a house. I'm a co signer my ex husband the main. How do I get my money?

I was awarded $45,000 (in our divorce) when the house my ex and I has sold. He is not a nice guy and will not freely give me the money. I can't afford a lawyer either if it goes down this way. I am on the mortgage and he is on the deed. Because I am a co signer the realtor said she won't talk to me because of that. My kids and I are homeless and this is the money we would use to get a place. He already sued to stop child support but that's a different case. I just don't know how to get the money for the sell of the house. It was not said that both parties must agree. What can I do?

1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: The title company should withhold the money from the purchase price at the time of sale and send it to you.

You will likely be required to attend the closing and sign documents. If your divorce was handled by a competent attorney, you should an owelty lien securing the $45,000 payment owed to you. The title company will want that released at the time of closing.

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