Mabank, TX Divorce Law Firms & Lawyers

If the house was awarded to your ex-wife in the divorce decree, then she has the right to sell it.  You need to check the divorce decree itself as well as look at the real property records at your county clerk's office.  When you inherit real property it becomes your separate property.  In a divorce a court may only divide community property.  You may need a lawyer's help to file a Bill of Review to attempt  to overturn the award of your separate property home to your ex-wife in the divorce.  The fact that you say you "signed off on" the divorce may be a problem, however, if the decree provides that the house was awarded to your ex-wife.  Do not wait any longer to resolve the title and ownership issues with this real property.

During a divorce, there is a rebuttable presumption that all of your marital assets are community property, regardless of which spouse's name is listed on the title.  A party claiming to have a separate property interest in an item of property (for example, because they traded in another vehicle they owned before the marriage or used separate funds which were in a bank of account before the marriage) has the burden of proving their separate property interest by clear and convincing evidence, which often requires undisputed documentary evidence.  This usually isn't a factor in a marriage that has lasted "years."Upon divorce, your community property will be divided by the court in a manner that is "just and right" which does not necessarily mean 50-50.  The evidence you detail in your question will be considered in making a "just and right" division of your marital assets.  In most cases, barring unusual evidence, each spouse is awarded the motor vehicle they usually drive and is responsible for paying any debt owed that is secured by the vehicle.  If there is a significant disparity in value or equity, the court typically adjusts that using other assets.  Awarding a motor vehicle to one spouse while making the other spouse responsible for the debt is a recipe for post-divorce conflict and proceedings.  A competent and experienced attorney will strongly caution you against agreeing to such an arrangement.  A competent and experienced judge typically will not order it.  

You can get a court order for possession of the house in a divorce action. The issue of payment and other support factors will be considered. Talk to a lawyer to discuss further.