What are my father's right in property if he was to file a divorce?

In Texas it doesn't matter whose name the deed is in, or whose paycheck made the payments, or who had a job and who didn't.? If the house was acquired during the marriage and wasn't a gift or inheritance, it's community property.If your father wants a divorce he needs answers from a lawyer, not short email answers to questions that can't possibly give all the background information necessary for good advice.And he should take his legal advice from the lawyer, not the wife he's divorcing.

He can get a lawyer and present his case, or do it on his own and probably face a disaster.

In a divorce, both spouses are generally entitled to one-half of all assets accumulated during the marriage and responsible for one-half of all debt accumulated during the marriage. If one spouse can afford to pay for the house, he can retain it. He would, however, be required to pay the other spouse one-half of any equity in the house. If your mother doesn't work, she might be entitled to some spousal support. Your father needs to consult a local family lawyer.

The house is community property. When they file for divorce they will need to divide all the community assets and debts. Because they have only had the house for a few months there is probably not a lot of equity unless they put a large down payment on the home. The court will look to see if either party wants to keep the home and their ability to pay the payment. So who gets the house depends on many factors. Since your mom does not work and I assume this is a long marriage given that you are 19 she is probably going to ask for spousal support. This too is very difficult to calculate because there are many factors the court will look at before awarding support, determine how much and for how long the support will continue. Your father should consult with an attorney who can review the specifics of the case and provide more assistance.

The house is likely community property with very little equity to be divided. You should consult a family law attorney to assist you in determining how best to proceed to protect the assets.

First, as the child you should not get involved taking sides in what is solely a matter between your parents - no good will come of that. Second, your father needs to consult an attorney (alone) to learn more about the divorce process and the legal principles that will govern the financial results of a divorce. There are no simple rules and every case is decided upon what is fair on the facts of that particular situation. Each spouse will be entitled to a fair share of all the marital property; if they cannot agree on what is "fair" a judge will have to make that decision. The only explanation for "fighting" is the parties' own emotional stability and an inability to rationally discuss a fair outcome.

Your father needs to consult with a divorce attorney before he files for divorce and to discuss his and your mother's overall situation regarding property and income so that he has a realistic idea of the likely financial outcome of a divorce.

There are many other issues which must be considered I would require a full consultation with your father.

Your father needs to hire an attorney for the divorce. It will be costly, and there are no pro bono attorneys that will take the case. He may be able to get legal aid to help, and perhaps an attorney through that for a reduced fee. It is better to shop around for an attorney and actually pay for services.

The general law in Florida is that assets and liabilities accumulated during a marriage are marital, subject to being divided between the spouses, usually equally. If one of your parents came into the marriage with assets or liabilities or one of them received an inheritance or gift from someone else, those may be non-marital assets not subject to being divided. Your father does not lose any of his rights to assets if he moves out of the house. But if he and you want to live together, it makes more sense for your mother to move out. You are an adult, so you really do not figure in the divorce. Unless you are disabled, your parents have no obligation to support you, which means that they have no legal obligation to provide a home for you. Even though the house is only titled in your father's name, unless he used money from a non-marital source to pay for it, the house is marital, subject to being divided. Your father should have a consultation with a local experienced Family attorney to find out what his rights and obligations are and the different processes he can choose from to dissolve his marriage, such as filing himself, mediation, full litigation and using the Collaborative Process.