Dallas, TX asked in Family Law and Divorce for Texas

Q: My wife has held our marital home for 5 years now , unable to buy me out and refusing to sell. Fire no insurance

2020 I removed our daughter from the conditions she was living in and took her with me , asked for divorce . My wife was supposed to buy me out or sell the house we agreed in July that year , there was no question about our daughter going with me , and nothing to fight over in a divorce nor was I in a financial position to pay attorney bills. We were handling it out selves . Seemed reasonable since her and her x husband used the same attorney. Since then She had made excuses , not executed courses of action to buy me out of the marital home and property repeatedly. Even decided I wasn't entitled to anything on occasion since we paid cash for our property when she cashed out her 401k.

I have been a stay at home dad since we got married to her three year old son and to our daughter. I have spinal stenosis and have been a progressively more disabled since 2010.

She took a loan which required her to carry homeowners insurances but didn't , lost the houses to her accidental fire

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1 Lawyer Answer

A: It depends on several facts not mentioned in your question.

1. Did you get divorced?

2. If not, does your agreement comply with the Texas Family Code as an enforceable partition and exchange agreement?

3. If you did get divorced, does your decree award her the home as her sole and separate property?

4. If you did get divorced, does your decree award you an owelty lien for what she agreed to pay you?

5. If your divorce is pending, does the court where it is pending have standing orders, or did it issue orders, pertaining to cancelling fire insurance?

6. If she took a loan against the home, did you join in the loan? Or was the home her separate property?

7. Most lenders verify insurance and will force-place insurance if a borrower has not provided proof of insurance. Did her lender force-place insurance?

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