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#770907 - 11/03/15 03:10 PM sale of residence question
ddot Offline

recently joined

Registered: 11/03/15
Posts: 1
I have been divorced for a year now. My divorce decree orders the sale of marital home with a 50/50 split. It also states that we will remain tenants-in-common at the property and that he would pay mortgage payments until house is sold. I have lived in another city in texas and have recently lost my job and would now like to move back into the home.
The dilemma is, both our names are on the mortgage loan. But only his name is on the deed. However, we were married when the home was purchased.
The question is, can I legally move back into the home? The home is vacant and on the market to be sold. Its been on the market for 11 months.

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#770908 - 11/03/15 05:25 PM Re: sale of residence question [Re: ddot]
TJMH Online   content

enthusiast

Registered: 07/17/15
Posts: 339
Texas is a community property state so I don't think it matters whose name is on the deed, the house belongs to both of you equally. And if you're both on the mortgage the lender doesn't care about your marital status or who's on the deed--you're both responsible for the debt.

Since it's your property as much as his you probably have a right to move in, and it might be to both of your advantage if the house wasn't vacant. But you'd probably get in trouble if it looked like you were impeding the sale.

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