Can I remove my husband from our home? 2 Answers as of August 11, 2011

My ex-husband is still living in the house that we both own, and it is fully paid for. Our divorce decree states that he must buy me out, or the house must sell in one year and we split the money. He won't abide by the decree to do either of these things. Can he be removed from the house?

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Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
You have to file a motion to enforce the decree.
Answer Applies to: Texas
Replied: 8/11/2011
Law Office of Tim W. Avery
Law Office of Tim W. Avery | Tim W. Avery
You will need to file a motion for enforcement and go back to court to seek enforcement of the provisions of the divorce decree. If he does not buy out the interest that was awarded to you in the divorce nor cooperate in selling the home, then the court enforce the divorce decree by appointing and authorizing a receiver to sell the property for whatever price he or she determines. Then once the property is sold, the receiver will be paid from the net sale proceeds, and the remaining balance will be divided as the court orders in the enforcement action.
Answer Applies to: Texas
Replied: 8/5/2011
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