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How to collect money owed to me from my son and his exwife for a house that I sold to them

Houston, TX |

I was asked to sign the deed over to my son and his wife for a house that I had sold my son which he had never made any payments to me. They were to make a loan and pay me 15,000 dollars and the remaing 19,000 dollars in 3 months. I have a notarized docment to the effect they would pay the remaing money in 3 months .This was 1998 and I haven't been able to collect. My son and the woman have divorced and she is still living in the house and does't want to pay the debt. The house is in my sons name only.

Attorney Answers 2

Posted

Sadly, it may be too late for you to do anything. 1998 was 13 years ago. Normally, when loans are not paid, the lender has only 4 years to file a lawsuit to compel payment of the debt. But, if your son will cooperate, perhaps he will deed the house back to you, and you can then evict the ex-wife and can re-sell the property to someone else and recoup your losses.

I am licensed only in Texas. Offering information of a general nature in response to a question is not intended to be legal advice in your state.

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Posted

You really need a good attorney to assist you in evaluating your situation and prospects for recovery of your money. If the house is your son's separate property, and she has no claim to it under the divorce decree, you son can ask that she move out. If she refuses, your son can file a forcible detainer in justice of the peace court.

You can review the forcible detainer provisions of the Texas Property Code sections 24.001, et seq., at the following web address:

http://www.fastlaws.com/index.php?id=txprchapter24

Your son may be willing to deed the house back to you since he is probably motivated to avoid confrontation. You can of course in your will indicate that your son has already been advanced the value of the home and loan, and that money should be subtracted or otherwise accounted for in the division of your probate estate.

Good luck.

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