Can I Stop My Husband from Selling the House Prior to Divorce?

 Posted on August 02, 2023 in Divorce

Divorce is often an emotionally and financially challenging time. One of the most pressing concerns for many individuals is the fate of their marital home. If you are going through a divorce in Texas and fear that your spouse might attempt to sell the house before the proceedings are finalized, it's crucial to understand your rights and the legal options available to protect your interests. The best way to learn more about your rights and how to exercise them is to contact a seasoned Austin divorce lawyer from Powers Kerr & Rashidi, PLLC.

No One Can Sell While a Divorce is Pending

In Texas, as in many other states, when a divorce petition is filed, an Automatic Temporary Restraining Order (ATRO) often takes effect automatically. The purpose of the ATRO is to maintain the status quo and protect both spouses' interests during the divorce process.

The ATRO typically includes provisions preventing either spouse from selling, transferring, or disposing of marital property without the other spouse's written consent or a court order. This typically includes the family home.

Suppose you are concerned about your spouse potentially selling the house before or during the divorce process. In that case, you should consult with an Austin divorce lawyer immediately. They can review your situation, advise you on the specific ATROs applicable Texas, and take appropriate legal action to protect your interests if necessary.

Enforcing the ATRO

When you have concerns about your spouse's intentions regarding the family home, your Austin divorce lawyer can seek to enforce the ATRO through the court. If your spouse violates the ATRO by attempting to sell the house without your consent or a court order, they may face serious legal consequences. The court can order them to rescind the sale, return the property to its original state, or even hold him in contempt, which may lead to fines or other penalties.

Exclusive Possession of the Marital Home

If you are concerned that your spouse's presence in the home might be detrimental to your well-being or the well-being of any children involved, you can request exclusive possession of the marital home during the divorce process. If the court agrees, they will grant you the right to remain in the house while the proceedings are ongoing, providing you with a sense of stability and security during this uncertain time.

Call Us Today to Speak with an Austin Divorce Lawyer

Divorce can be an overwhelming and distressing process, particularly when it involves the family home. If you're worried about your spouse selling the house before your divorce becomes finalized in Texas, you do have legal options to protect your interests. Consult with one of our knowledgeable Austin divorce attorneys who can guide you through the ATRO provisions and assist you in pursuing negotiation or mediation to reach a fair resolution. Remember, your home is a significant asset, and safeguarding it during this challenging period is paramount.

Contact us today at 512-610-6199 or through our online request form.