{"id":839,"date":"2017-10-16T16:57:47","date_gmt":"2017-10-16T21:57:47","guid":{"rendered":"https:\/\/www.texasdivorceattorneyblog.com\/?p=839"},"modified":"2017-10-16T16:57:47","modified_gmt":"2017-10-16T21:57:47","slug":"partitioning-marital-home-ex-spouses-death","status":"publish","type":"post","link":"https:\/\/www.mcclure-lawgroup.com\/blog\/partitioning-marital-home-ex-spouses-death\/","title":{"rendered":"Partitioning a Marital Home After an Ex-Spouse’s Death"},"content":{"rendered":"

In a recent Texas divorce case<\/a>, a couple was divorced in 2006. The wife initiated divorce proceedings, and the couple went to mediation. They agreed on a divorce decree and split a house and lot 50-50. The order included a procedure for selling the property, which was that the property was to be listed with a realtor. The realtor would select a price that was at least $77,000. The sale price would be reduced below $77,000 only by written agreement. If there was an offer that met the $77,000 threshold, both parties still had to accept it.<\/p>\n

The husband had the right of first refusal of a bona fide offer by paying the woman half of the offer, minus the mortgage amount and 6% realtor fee. Either of the spouses could ask the court to appoint a receiver. The agreement also stated that if the husband failed to pay his wife half of the equity in the house within 30 days of an offer being made, the house would be sold for the offer made, with the couple splitting the funds remaining equally after the costs of the sale were paid.<\/p>\n

When the ex-husband died in 2016, the ex-wife sued to enforce the divorce decree. She alleged that the husband had died, and the executrix of his estate had deeded the property to herself as an individual. The independent executrix of the ex-husband’s estate responded. She argued that the ex-wife wasn’t entitled to the relief she sought because the trial court didn’t have jurisdiction, and the claim was barred totally or partially by the statute of limitations or laches.<\/p>\n

Continue Reading \u203a<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

In a recent Texas divorce case, a couple was divorced in 2006. The wife initiated divorce proceedings, and the couple went to mediation. They agreed on a divorce decree and split a house and lot 50-50. The order included a procedure for selling the property, which was that the property was to be listed with […]<\/p>\n","protected":false},"author":13,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4,27],"tags":[],"class_list":["post-839","post","type-post","status-publish","format-standard","hentry","category-divorce","category-property"],"yoast_head":"\nPartitioning a Marital Home After an Ex-Spouse's Death — Texas Divorce Attorney Blog — October 16, 2017<\/title>\n<meta name=\"description\" content=\"In a recent Texas divorce case, a couple was divorced in 2006. The wife initiated divorce proceedings, and the couple went to mediation. 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