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Can I be awarded the property before the divorce get final?

Houston, TX |

We have two houses between us. He agrees to keep one and give out the other one to me. Both are investment properties. It will take a long time for divorce to get finalized coz there are other complications like child custody etc. Since the mortgages on the property is due, we want to settle the ownership issue of the houses before the divorce gets finalized so both of us are free to do whatever we want with the property. Is there any way we can get a decree from judge for the houses only?

Attorney Answers 5

Posted

You will not be able to get a "decree" signed by the court on this issue, prior to finalizing the divorce. However, you and your spouse can reach an agreement that can be filed with the court, before finalizing the divorce, wherein you both are awarded certain property as your separate property and can therefore dispose of it how you wish. If you want to pursue something along those lines, I strongly suggest you consult with a Family Law attorney.

Answers to questions are for general purposes only and do not establish an attorney-client relationship.

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Posted

No. A Court is going to want to wrap up everything in the divorce at the same time.

This information is not legal advice and does not form an attorney-client relationship.

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3 comments

Asker

Posted

Can we enter into Rule 11 agreement before the divorce so it is enforceable?

Brian Douglas Walters

Brian Douglas Walters

Posted

It depends on what you want to do. But as long as you are married, you've got problems. I think that you are going to have to patient and get divorced before you do anything.

Asker

Posted

Ok. thanks

Posted

You could both sign an agreement detailing who pays which mortgage during the pendency of the case. You should consult with an attorney regarding this matter. Best of luck!

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Asker

Posted

Yes but we don't trust each other (hence the divorce)...dont want him to turn around tomorrow before divorce and say that he has a stake in my property :)

Posted

Hire a lawyer. Getting your divorce done quickly is probably the most efficient way to resolve your issues.

If custody issues are going to drag out, your lawyer (do not try this pro se) can draft a partition agreement.

Temporary orders might solve your problem while the case is pending.

All in all it sounds as though you will benefit greatly from the advice of a lawyer. You have complex issues and you do not need to be re-inventing the wheel. Get someone with experience on your team.

This answer DOES NOT establish an attorney-client relationship. This answer is based on the limited information provided and is not intended to be conclusive advice. There are likely other factors that might influence or change the advice after a more lengthy consultation.

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Posted

You did not indicate whether either you or your husband has actually filed for divorce. Please see a lawyer in your area before you sign any document giving up your interest in ANY property, especially real estate. You need the assistance of an experienced attorney in order to make this partial agreement enforceable.
Best of luck!

Any communication through the AVVO site with Sherrie Travers or any individual member of the firm, Travers & Travers, does NOT establish an attorney-client relationship. Any information given by Sherrie Travers or by any individual member of the firm through the AVVO site is general information and should not be relied on as legal advice. This answer is based upon limited information and is not intended to be conclusive in your circumstances as there may be other factors that might change or alter the advice given herein. Confidential or time-sensitive information should be conducted in person with an attorney.

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