Texas Divorce Legal Questions

If your ex sues you for the payment of the attorney's fees, you will probably lose. If you decree ordered you to pay the fees, you're obligated to pay them. Have you tried taking out a loan to pay off the ex and keep her from holding this over your head? I would strongly consider taking the signed divorce decree to an attorney for review and to figure out what your options are. Perhaps you can negotiate the fee repayment with a close reading of the decree and the help of a good lawyer.... Read More

Was the inheritance money the only money used? Was there a mortgage? We're any improvements made to the house.  In Texas, all property is presumed to be community property upon dissolution of the marriage. The inheritance money was his separate property, but the house may not be completely his separate property. It depends on a number of factors. ... Read More

In Texas, the house would be considered your separate property upon dissolution of the marriage if you can present proof that you bought it before you got maried (which is sounds like you can). However, because you are still married to him, the title company needs his signature because there has not been a divorce and a judicial determination of title to the house. Thus, there has been no judicial determination of whether he should get proceeds from the sale of the house. Technically, he should not get any proceeds. However, since you are still married, he might make a claim for proceeds. Is he trying to get money from the sale? Will either of you file for divorce?... Read More

Do you own the house with your husband? Whether you do or not, you may still be listed on the tax records and the house may be considered your homestead. Do you have children together? Did you have plans to be married? All these issues would help determine what kind of rights you have as to the home and other property.... Read More

In order to be entitled to military spousal benefits, a partner must have been married for a minimum of ten years. If you bought property together, you are entitled to a share of the community property because you're a Texas resident. You're also entitled to child support for your son in the event that you two get a divorce. I recommend that you schedule a consultation with a family lawyer who is familiar with the issues that come along with being married to a service member. Good luck.... Read More

First, please be mindful of your personal safety and that of your child. It is of the utmost priority. Second, if you're still a legal resident in your home state, you may be able to file for divorce there based on your husband's continued residency in that state. However, if you intend to stay in Texas, you would be able to file for divorce here within six months of continuous residence in the state (with at least 3 months in the same county).... Read More

This a good question. It appears as though you are the Respondent in the divorce. You may have filed an Original Answer or simply signed a waiver of service to let the court know you were notified of the divorce proceedings. However, it is important to note that your responsibility doesn't end there. Your divorce decree must specifically state that you are seeking to restore the use of your maiden name. Otherwise, you will have to go through the judicial name change process after the divorce has become final. Your best bet is to schedule a consultation with a local divorce lawyer to review the documents your ex wants you to sign.... Read More

Good Afternoon, Thank you for considering. We are currently offering free initial consultation. We would have to discuss the specific of your situation in order for us to know the complexity of your case. Our firm can help you find an amicable solution at a cost efficient rate for your situation.   Regards, Natalie Le Attorney at Law natalie@lelawtx.com www.lelawtx.com ... Read More

Good Afternoon, I understand this is tough situation for you, I'm sure the last thing you want to do is call an attorney on it...but, let's see if we can give you some hope and go over your case and see what we can do to make it better. When can you meet with out team? Natalie Le Attorney at LawLE LAW GROUP PLLC832-559-0923natalie@lelawtx.comwww.lelawtx.com... Read More

The home and other significant assets can be divided based on a partnership theory, where each gets out a percentage based on their contribution. The good news is since there is no marriage, a judge and court may not be necessary for the division if you can agree. If you cannot, the house can be divided in what is called a suit to try title.... Read More

To begin, Texas is a community property state, which means that, absent special circumstances--including but not limited to such things as (a) the disability of one spouse (b) a significant difference in the income and/or earning ability of the spouses, the relative ages of the spouses--the court is supposed to divide the net community estate (total community assets minus all community debts) essentially equally.  Your disability is an important factor weighing in favor of you receiving a greater than 50% share of the net community property, but the fact that your husband is older and and soon retiring weighs in the other direcrtion. Ther's certinaly a possibility that you could end up with the home, as long as you are able to keep up on the mortgage payments, but the court may require you to pay your husband all or part of his 50%  share of the accumulated equity in it, assuming it has positive equity.  If you are awarded the home, you will almost certainly also be required to refinance all loans secured by the home (i.e., mortgages , Home equity lines of credit.)  or otherwise remove your husband from all loans secured by the home.   You may also be entitled to spousal support (alimony), depending upon whether your husband has disposable income left after meeting his own reasonable living expenses (usually measured on a monthly basis).  If not, a court could decide instead to award you more of net community estate than is awarded your husband, which could be accomplished by reducing any amount you would otherwise owe your husband as his share of the equity in the home. Generally speaking, each spouse in a community property state is a 50% owner of the funds that have accumulated during the marriage in one spouse's 401(k) , IRA, or other similar retirement accounts.   You've got enough property issues that it would be to your benefit to consult an attorney so that he/she could obtain more specific information from you in order to give you a better idea of what type of divorce decision you might expect from the court.    ... Read More

The court does not automatically know you signed a prenuptial agreement. If it is enforceable, it is up to you to assert your rights under it in the divorce proceeding. The money your husband is currently making is community income, and you may be able to get a court order for temporary support, including attorney fees, in order to make sure you and your child are properly looked out for in the proceeding.... Read More