What to do About Ex Who Won’t Leave Property?

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“We live in Texas. My boyfriend and his wife’s divorce was just finalized earlier this year. In the divorce decree, she had six months in which to move off of the property they owned together so that it could be sold. Her last day for being on the property was Tuesday, September 26, 2006. She has not moved nor has she made any attempt to move. We were previously told by an attorney that he needed to send a certified letter notifying her that according to the court order she was supposed to have moved so they could sell the property. If she still did not move, then it would go back to the courts� Is this accurate and if so, is there a particular form letter we can use or is there specific information that needs to be included in the letter for it to be valid?”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

I’m not aware of any particular form letter to use. I am guessing that your boyfriend wants her to move off the land as peacefully and quickly as possible. So he’s trying to remind her that there is a valid Court order (attach a copy for convenience), she knows about the order (she was there, she signed off), the time to comply has come, and she is currently in violation. If the order is specific enough, it could be enforced through a contempt action in front of the same judge that signed the order. That judge may be willing to make further orders relating to her removal from the property with directions to the sheriff to help out. But we don’t want to go through all that and if we did the Court might order you to pay my fees so what do you say about getting out of there within 2 weeks?



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Author: House Attorney

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