Dividing property during divorce in Texas can be difficult, but the matter becomes even more frustrating when one spouse refuses to follow the agreement. A common issue involves the sale of the marital home.
If your divorce decree requires you to sell the home and your ex-spouse refuses, the situation can cause unfair stress for you. However, there are ways to handle the situation even if your ex-spouse continues to be noncompliant for months after the divorce.
How Texas law handles the marital home
Texas follows community property laws. This means the court divides most property acquired during the marriage equally. If the court orders the sale of a marital home, both parties must cooperate. A refusal to sell the home after the final order goes against the terms of the decree.
The first step involves reviewing the divorce decree. The decree may include a timeline or specific instructions for selling the house. If your ex-spouse refuses to sign the listing agreement or blocks the sale in other ways, you can request help from the court. The court may enforce the order or hold the refusing party in contempt. Contempt of court in Texas may lead to fines or even jail time.
The court may also appoint a receiver. A receiver takes control of the property and manages the sale. The receiver can sign documents, communicate with agents and handle the sale without needing both parties to agree. This option removes the roadblocks caused by the uncooperative spouse.
What happens after the sale
Selling the home may involve dividing the sale proceeds. If the home sells for more or less than expected, the decree or court order will explain how to handle that. In some cases, the court may award more of the proceeds to the cooperative spouse, especially if the other party caused financial harm.
Refusing to sell a home after divorce causes problems for both parties. It delays closure and can damage credit or increase costs. Texas courts provide ways to enforce divorce orders to protect both individuals and their property rights.
