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Old 02-06-2005, 01:23 PM
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foreclosure and joint property


What is the name of your state?Texas
My ex husband and I were divorced in 2000. As part of our
divorce decree we retained joint ownership of our home. The only specific mention of the home (in the decree) is that he will continue to live in the home and will make payments on the home, and that if he sells the home I will get 50% of the proceeds.I have not signed a quick claim nor has the home been refinanced since. In todays paper there was a notice of foreclosure on the property.What I need to know is if I pay the arrearage on the note to stop foreclosure can I force him to move out of the home? Also can I take the control of the home since he has not met the requirements of the decree by not making payments or paying taxes? Thankyou.

Last edited by reddsonya1; 02-06-2005 at 01:25 PM. Reason: misspell
  #2  
Old 02-06-2005, 03:56 PM
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Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by reddsonya1
What is the name of your state?Texas
My ex husband and I were divorced in 2000. As part of our
divorce decree we retained joint ownership of our home. The only specific mention of the home (in the decree) is that he will continue to live in the home and will make payments on the home, and that if he sells the home I will get 50% of the proceeds.I have not signed a quick claim nor has the home been refinanced since. In todays paper there was a notice of foreclosure on the property.What I need to know is if I pay the arrearage on the note to stop foreclosure can I force him to move out of the home?

**A: possibly with a long drawn out legal battle.
******
Also can I take the control of the home since he has not met the requirements of the decree by not making payments or paying taxes? Thankyou.
**A: see above.
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