What are my rights if my name is still on the house that my ex-husband and I purchased?
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What are my rights if my name is still on the house that my ex-husband and I purchased?
I divorced my ex husband 8 years ago. I walked away with nothing because I was-just ready to get out of the marriage. I left my name on the house because our son was going to stay with his dad and he was going to college and I didn’t want him to worry about finding a apartment and pay rent somewhere. I wanted his focus to be on school. My son no longer stays there and has moved. My
ex-husband recently contacted me about signing a deed to the house. I want to
know what my options are? Do I have a right to have him buy me out or pay me
equity for the time spent in the home? We had it for 8 years before our divorce.
Asked on October 16, 2018 under Real Estate Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If there was an agreement or order in the divorce indicating what will happen to the house at this time or to any proceeds from a sale, you have to follow what it says.
If there is no such agreement or order, if the two of you are on the deed/title, you are co-owners: you therefore are (to oversimplify) a half-owner and entitled to half the equity. If he wants you off the deed, he has to work something out with you that you will voluntarily sign over or quitclaim your interest. Because you want to avoid this turning into protracted and expensive litigation if he decides to try to bring some legal action to force the sale of the house (which he can do, if you and he cannot agree voluntarily as to what to do; this type of legal action is commonly called an action "for partition"), you probably should accept any reasonabl amount you can get him to offer, to get some money you were evidently not counting on and complete disentangling yourself from him.
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