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Lawyer not following Judge's ruling

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CDC

Junior Member
What is the name of your state? Texas

I filed my own divorce papers 12 years ago using a Divorce handbook. My ex-husband and I agreed that he could stay in the house until one of us decided to sell the house. I moved out with the kids because I couldn't afford the house payment alone. If neither one of us decided to sell then he stay in the house until he decided to move or died. About 5-6 years ago I decided I wanted to sell the house. My ex-husband took me to court declaring that I gave him the right to live in the house until he died. The Judge agreed with our first decision that he could live there until either one of us decided to sell the house. The Judge ordered the house to be sold and the money divided equally, or that my ex buy my half out. The Judge also told both lawyers that he had the name of a realtor in his chambers who dealt with these types of situations that he wanted them to use to sell the house, and for the lawyers to meet him in his chambers after the trial. I was elated with the Judge's decision that the house was to be sold or that my ex would buy my half out. Unfortunately, it's been three years since that decision was made and my lawyer hasn't done one thing. My lawyer told me that the house wasn't worth much (appraised between $60K-$80K) and that it wasn't worth pursing. I told him that I disagreed and that the Judge's order was that the house be sold or for my ex to buy me out. My lawyer's payment/fees will come out of the sale of this house. Help! How do I get my lawyer to follow the Judge's order?
 
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LdiJ

Senior Member
CDC said:
What is the name of your state? Texas

I filed my own divorce papers 12 years ago using a Divorce handbook. My ex-husband and I agreed that he could stay in the house (I moved out with the kids) until one of us decided to sell the house. Or until he decided to move or died. About 5-6 years ago I decided I wanted to sell the house. My ex-husband took me to court declaring that I gave him the right to live in the house until he died. The Judge agreed with our original decision that he could live there until either one of us decided to sell the house. The Judge ordered the house to be sold and the money divided equally, or that my ex buy my half of the house out. The Judge also told both lawyers that he had the name of a realtor in his chambers who dealt with these types of situations that he wanted them to use to sell the house, and for the lawyers to meet him in his chambers after the trial. I was elated with the Judge's decision that the house be sold or that my ex would buy my half out. Unfortunately, it's been three years since that decision was made and my lawyer hasn't done one thing. My lawyer told me that the house wasn't worth much (appraised between $60K-$80K) and that it wasn't worth pursing. I told him that I disagreed and that the Judge's order was that the house be sold or my ex buy me out. My lawyer's payment/fees will come out of the sale of this house. Help! How do I get my lawyer to follow the Judge's order?
It sounds to me like your attorney has decided that there isn't enough money in it for him and therefore he is unwilling to pursue it. It may be time to consult with another attorney.
 

CDC

Junior Member
Lawyer Not Following Judge's Order

What is the name of your state? Texas

I filed my own divorce papers 12 years ago using a Divorce handbook. My ex-husband and I agreed that he could stay in the house until one of us decided to sell the house. I moved out with the kids because I couldn't afford the house payment alone. If neither one of us decided to sell then he stay in the house until he decided to move or died. About 5-6 years ago I decided I wanted to sell the house. My ex-husband took me to court declaring that I gave him the right to live in the house until he died. The Judge agreed with our first decision that he could live there until either one of us decided to sell the house. The Judge ordered the house to be sold and the money divided equally, or that my ex buy my half out. The Judge also told both lawyers that he had the name of a realtor in his chambers who dealt with these types of situations that he wanted them to use to sell the house, and for the lawyers to meet him in his chambers after the trial. I was elated with the Judge's decision that the house was to be sold or that my ex would buy my half out. Unfortunately, it's been three years since that decision was made and my lawyer hasn't done one thing. My lawyer told me that the house wasn't worth much (appraised between $60K-$80K) and that it wasn't worth pursing. I told him that I disagreed and that the Judge's order was that the house be sold or for my ex to buy me out. My lawyer's payment/fees will come out of the sale of this house. Help! How do I get my lawyer to follow the Judge's order?
 

Ohiogal

Queen Bee
Reposting the question is not going to get you anywhere. LDIJ gave you an answer. If you want the house sold or force your ex to buy you out you are going to have to file a motion with the court to get the house sold.
 

Bali Hai

Senior Member
Ohiogal said:
Reposting the question is not going to get you anywhere. LDIJ gave you an answer. If you want the house sold or force your ex to buy you out you are going to have to file a motion with the court to get the house sold.
Suppose she files that motion and the judge orders the house sold.

It is put on the market and several purchase offers are submitted that are well below the fair market value of the property. People have an uncanny ability to smell a distress sale.

In her haste to get her hands on some cash, she signs the highest offer that is well below the fair market value.

The other party/owner does not sign the purchase offer knowing that the property is worth far more and instead offers to buy her out at the price she agreed to on the purchase offer that she signed.

She and her lawyer decide they want the fair market value of the property and rejects the offer.

What will the court decide?
 

CDC

Junior Member
Lawyer Not Following Judge's Order

The message was inadvertently posted twice not intentionally.
 

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