QUESTION
If I am paying all the bills, she has a car I pay for, can she demand the house if she left for another man?
Asked on Sep 05th, 2013 on Divorce - Texas
7 ANSWERS
Family Attorney serving Hurst, TX
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Law Office of Eric A. Maskell
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You would have to review when the house was purchased and if she has made any payments toward the house. Since Texas is a community property state you would need to determine if she has any community property interest in the house and then decide from there on whether or not she can demand any part of the asset. Technically she can demand whatever she wants but ultimately it will be a decision for the courts.
Answered on Sep 11th, 2013 at 5:16 PM
Family Law Attorney serving Thousand Oaks, CA
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Law Office of Terry A. Buchanan
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California is a no fault state so property division is not impacted by a "marital indiscretion." The community estate is divided equally between the parties - in general terms.
Answered on Sep 11th, 2013 at 5:16 PM
If the house was bought during marriage then it is community property and she own an equal share. However any payments you make on the paydown of the principal after separation. Or when she left. May be reimbursable to you
Answered on Sep 11th, 2013 at 5:16 PM
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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Now pay careful attention to the answer I am about to give you yes, she can ask the court to award her the house. She can ask for anything she wants, no matter how ludicrous. Whether the court will award her the house is another matter. And, believe it or not, the fact that she left you for another man will probably not factor much in to the decision regarding who is awarded the house. Talk to a good divorce lawyer about your situation in detail. It's worth the effort and the expense.
Answered on Sep 11th, 2013 at 5:16 PM
Criminal Defense Attorney serving Alexandria, LA
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J. Marc Lampert
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Assuming a Louisiana jurisdiction, fault is not an issue in the resolution of property matters, however it is an issue in spousal support. Is this child support or spousal support that you are currently paying? Any community obligations that you paying should be considered in settlement negotiations and litigation.
Answered on Sep 11th, 2013 at 5:16 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Of Course she can. BUT it is up to the Judge to make than decision. in Florida anyone can ask for anything and some people are so whipped they give in immediately. Do not be afraid for the Judge to make decisions, that's what they get $155,000.00 a year to do.
Answered on Sep 11th, 2013 at 5:16 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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She can demand whatever she wants. What she is entitled to is one-half of the assets and one-half of the debts.
Answered on Sep 11th, 2013 at 5:16 PM