Sherea Vitelli’s Legal Blog

Well lets get one thing straight.  In Texas when two parties are going through a divorce and they cannot decide what to do with the house, the courts will do one thing- force a sell of the house.  That is what I always believed until here recently. 

Just before I went on maternity leave I had a trial in divorce over property – mainly because they had no children to argue over.  The house was the stickler.  My client wanted it and that was the bottom line.  Her soon to be ex decided to be vindictive and tried to say he wanted it.  We went to mediation and of course we could not settle.  My client finally agreed they would sell the house until he started to add stipulations on who could purchase the house or who could live in the house.  Well I am so sorry buddy, but that is not enforceable.  A court will not make stipulations as to who can purchase a home in the State of Texas.  Next thing you know because of his stubbornness we had to go to trial on that issue alone.  Needless to say after about 1 and ½ hours of testimony from both my client and him, the court ultimately awarded the house to my client without the necessity to refinance the home. 

Now that goes to show, don’t give up what you want. I told my client if she really wanted the house then fight for it.  Don’t give up until the judge tells you to sell the home.  When you are in a divorce situation remember you are the boss not the attorney.  This is your case and your life.  Attorneys are only there to guide you and give you direction with options.  Here at Garg and Associates, I always give my clients several options and what could potentially happen in court.  After that it is the client who must ultimately decide what is best for them.  When you go through your divorce contact me, Sherea Vitelli and let me guide you to a better decision.