selling home without spouse

[jsmith123]

Jurisdiction

Texas

I am working out of state, and my wife resides in TX with our two kids and the home we have co-ownership of is a TX property. I am wanting to sell the house because I want to move my wife and kids to where I live and work in another state, but my wife has refused to sign a listing agreement and/or selling agreement these past two years. Are there any legal remedies in TX where I can sell the house in spite of her objection? I pay 100% of the mortgage, utilities and insurance on the house, but continuing to pay for Texas expenses and her lifestyle there is very costly. I am not seeing a divorce from her to force a sale, but there is emotional much attachment to that environment on her part that needs closure so we can have family unity where I live now.

 

[Foamback]

No one cares that you pay the bills.

The issue is called irreconcilable differences.

Divorce is in your future

 

[adjusterjack]

Are there any legal remedies in TX where I can sell the house in spite of her objection

Yes, divorce. And a court order for the sale of the house.

Otherwise there is no remedy. She's on the deed. You can't sell it without her consent.

. I am not seeing a divorce from her to force a sale, but there is emotional much attachment to that environment on her part that needs closure so we can have family unity where I live now.

Good luck with that.

 

[army judge]

I am working out of state, and my wife resides in TX with our two kids and the home we have co-ownership of is a TX property.

Texas is a true community property state.

Whatever.a married couple owns, if and when a divorce action materializes, EVERYTHING is split 50/50 right down the middle.

Should you divorce her, 50% of EVERYTHING goes to her, leaving you with less than 50%, because high earners are responsible for child support, maybe even spousal support, depending how talented her attorney proves to be.

The more you badger, kvetch, moan, groan, even filibuster, the more you'll lose.

 

[stealthy1]

there is emotional much attachment to that environment on her part that needs closure so we can have family unity where I live now.

Uumm… and your kids? Do they not have an attachment to that environment? I'm not talking about extended family, which is what I'm assuming you mean wrt your wife, but school, friends, activities? Unless they're too young for those…

 

[zddoodah]

Are there any legal remedies in TX where I can sell the house in spite of her objection?

Sure. It's called divorce.

It's the 21st century. The husband doesn't just get to decide everything and the wife has no say.

If you can't mutually agree, then the status quo prevails or you seek a divorce.

 

[welkin]

You can force the sale of the property by filing a partition suit without filing for a divorce to end the marriage. It may give your spouse an incentive to sell and move to your new state.

This is something that you would need to consult with an attorney about. But in Texas it is possible to partition without a divorce.

Partition of Texas Property - LoneStarLandLaw.com

 

[Zigner]

You can force the sale of the property by filing a partition suit without filing for a divorce to end the marriage. It may give your spouse an incentive to sell and move to your new state.

This is something that you would need to consult with an attorney about. But in Texas it is possible to partition without a divorce.

Partition of Texas Property - LoneStarLandLaw.com

From the article you shared:
"Partition is by definition a dissolution of joint ownership (tenancy in common)."

The property may be held as "joint tenants" and not "tenants in common." The OP would be wise to review the deed.

 

[stealthy1]

You can force the sale of the property by filing a partition suit without filing for a divorce to end the marriage. It may give your spouse an incentive to sell and move to your new state.

Or, the more likely result IMO, would be to incentivize the wife to file for divorce.

 

[welkin]

From the article you shared:
"Partition is by definition a dissolution of joint ownership (tenancy in common)."

The property may be held as "joint tenants" and not "tenants in common." The OP would be wise to review the deed.

By default, under the Texas Constitution, a married couple is assumed to own real property purchased during the marriage as community property without rights of survivorship. This makes them tenants in common, each owning one-half separately, rather than joint owners with rights of survivorship.

So, I don't see where we disagree. Technically, husband could sell his half of the property. But nobody buys half a property. It is a principal that I have used in a foreclosure where I had a judgement against the husband and arranged a sheriff sale (an auction to the higest bidder) of half the property value against the husband. He soon came up with the money to settle the judgement.

Maybe partition is the wrong term I was thinking of. But an attorney could explain it to the OP. The point I was making is that they need not get divorced as has been suggested.

 

[Zigner]

By default, under the Texas Constitution, a married couple is assumed to own real property purchased during the marriage as community property without rights of survivorship. This makes them tenants in common, each owning one-half separately, rather than joint owners with rights of survivorship.

So, I don't see where we disagree. Technically, husband could sell his half of the property. But nobody buys half a property. It is a principal that I have used in a foreclosure where I had a judgement against the husband and arranged a sheriff sale (an auction to the higest bidder) of half the property value against the husband. He soon came up with the money to settle the judgement.

Maybe partition is the wrong term I was thinking of. But an attorney could explain it to the OP. The point I was making is that they need not get divorced as has been suggested.

I don't believe that I said I disagreed. I was just pointing out another possibility and suggesting that the deed should be reviewed.