He has a WHAT kind of interest in my home???

[temple]

Texas....I have looked high and low on HOW the Federal Court System(he filed ch 7) can force me to buy out my ex fiancee's interest, "if any" (which is still to be determined, but the judge has ordered the sale now??) in my rental home. He is not on the Deed and was not present in any way, shape or form, nor was any of his $ when I originally purchased the home. He has never paid a dime towards the note or the upkeep. He WAS put on the mortgage only, during a refi, but all funds were rolled into the mortgage and no monies were exchanged.

Due to the refi, there is a Deed of Trust in both our names, but title/taxes/insurance/HOA all read in my my name alone, as always.....

I even have a handwritten letter from him disavowing any ownership of the home.....

Can anyone clear this up for me?

[Hannah13]

is there any equity? yes the judge can order you to sell it or refinance it ti relieve the other party of the mortgage...HOWEVER...even the President of the United States cannot MAKE it actually occur. If you don't qualify and...if the house does not sell for what you are asking for. Get it listed with an agent...to show the courts you are "trying".

[nextwife]

Sounds like you COMINGLED formerly seperate property by adding your spouse to the mortgage liability. It now becomes a marital debt and a marital property.

Also, income earned during a marriage is considered MARITAL income. So, money you earned while married, and then used to make mortgage payments made the property marital property. Had you owned it FREE AND CLEAR, and not ever put marital funds toward the property, or only used premarital funds to make the mortgage payment, it would have remained seperate property.

[url]http://law.justia.com/texas/codes/fa/001.00.000003.00.html[/url]

[temple]

He was NEVER my spouse. As far as ME selling the prop, I would love to, but have not been able due to the lis pendens HIS bk trustee put on it a yr ago. The court is not asking ME to sell or refinance, only wants to sell HIS or HIS and MY interests in the prop.

[temple]

I hve (w/my less than helpful attys) a "settlement mtg" ordered by the court before end January. At this point my "counsel" is suggesting I go ahead and pay the Bk Trustee the 15k she is seeking in order to buy out "his interest, if any" in my home. As he has never been on the deed, and although IS listed with me on the Refi mortgage (not fm original inception), and has NVR paid a dime towards the house.....I am finding it hard to see how that could be the "right" thing to do.

Never mind the fact that I would also need to come up w/the 15k...

I REALLY need yr insight/opinions

[tranquility]

What do you think the legal significance of a "deed of trust" is?

[HomeGuru]

Texas....I have looked high and low on HOW the Federal Court System(he filed ch 7) can force me to buy out my ex fiancee's interest, "if any" (which is still to be determined, but the judge has ordered the sale now??) in my rental home. He is not on the Deed and was not present in any way, shape or form, nor was any of his $ when I originally purchased the home. He has never paid a dime towards the note or the upkeep. He WAS put on the mortgage only, during a refi, but all funds were rolled into the mortgage and no monies were exchanged.

Due to the refi, there is a Deed of Trust in both our names, but title/taxes/insurance/HOA all read in my my name alone, as always.....

I even have a handwritten letter from him disavowing any ownership of the home.....

Can anyone clear this up for me?

**A: you have a choice- buy out his interest or sell yours.