Texas divorce and multi-owner house sale

[RD Bowles]

Need advice in Texas. This is kind of a complicated story. I sold a house to my sister and co-signed the note for her. My name stayed on the deed (which neither one of use knew until recently). My sister sub-leased the house on a lease-to-own deal with another person without my signature on the contract. The third party got divorced and his divorce papers say that his ex-wife gets the house. They never made a payment on time and missed several payments. My sister tried to evict, but couldn't because of a restraining order (or so she was told). The ex-wife has now come up with the rest of the money owed on the house and she wants ownership. The lawyer says that I have to sign the deed, but I don't want to sell the house to her. Do I have to sign? Can she legally be given a house in a divorce if they didn't own the house? Could she sue my sister if I don't sign the deed? Any advice on how to get my house back?

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by RD Bowles:
Need advice in Texas. This is kind of a complicated story. I sold a house to my sister and co-signed the note for her. My name stayed on the deed (which neither one of use knew until recently). My sister sub-leased the house on a lease-to-own deal with another person without my signature on the contract. The third party got divorced and his divorce papers say that his ex-wife gets the house. They never made a payment on time and missed several payments. My sister tried to evict, but couldn't because of a restraining order (or so she was told). The ex-wife has now come up with the rest of the money owed on the house and she wants ownership. The lawyer says that I have to sign the deed, but I don't want to sell the house to her. Do I have to sign? Can she legally be given a house in a divorce if they didn't own the house? Could she sue my sister if I don't sign the deed? Any advice on how to get my house back?<HR></BLOCKQUOTE>

The title is clouded but if you sold to your sister and then she sold, you have no rights of ownership. Your name is on the deed and the note but it appears that you have no ownership interest only your sister does. You have to sign the deed to clear title and both you and your sister can be sued if you do not sign. A property can be legally given in a divorce settlement.