Is it legal to keep the house in both our names after the divorce, and sell at a later date? 1 Answers as of July 19, 2011I am getting a divorce in Texas. We will be dividing our assets on our own, not through the courts. My wife and I own a house. We do not wish to sell the house yet, even though we are getting divorced. Is it legal to keep the house in both our names after the divorce, and sell at a later date? I will be living in the house, my wife has already moved out.
Reeves Law Firm, P.C. | Roy L. Reeves
Yes, it happens all the time. Just make sure the division specifies: 1. who has possession until the house sells 2. what triggers the sell - time, when kids are grown, etc. - you want some trigger that way she cannot later file a motion to force you to sell when you are not ready, but the trigger needs to be a real trigger and you have to be prepared, for example, the parties agree to sell the house whenever the market recovers and an offer that exceeds $
Answer Applies to: Texas