QUESTION
Why does she have a right to my property here while I am legally bound to pay her alimony?
Asked on Sep 08th, 2016 on Divorce - Texas
More details to this question:
I am in active duty in the military. I got legally separated from my spouse in another state. I pay child support for both of my children (1 who lives with me full time) and I also pay alimony. We are both residents of the same state and I am now residing in another. I have just found out that the state does not care about my Legal Separation Decree signed by a Court Judge and that as far as this state is concerned, I am still married. The issue comes up with my desire to purchase a home here. They are asking my ex to sign paperwork regarding my purchase. Am I either legally separated or am I married? How can this state force me to be both? What legal right does my ex have regarding my property here under this outdated homestead law?
5 ANSWERS
John Arthur Smitten
Get Divorced before purchasing any real estate.
Answered on Oct 04th, 2016 at 7:08 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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A complete review of your case is necessary by an experienced family attorney, wherever the orders are from.
Answered on Oct 03rd, 2016 at 6:19 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Cannot reply without a review of the documents. You need to consult a local Family Law attorney and have all documents reviewed.
Answered on Oct 03rd, 2016 at 6:18 PM
You can be legally separated and still married. A legal separation usually has an agreement between the spouses that take care of all the issues, BUT, it is NOT a divorce. If you are legally separated, you should be able to purchase a property under your name only as your separate property. My suggestion is that you consider moving forward with a Dissolution of Marriage ASAP.
Answered on Oct 03rd, 2016 at 6:17 PM
Wills and Estate Planning Attorney serving Sugar Land, TX
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Law Offices of Kimberly D. Moss, PLLC
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There is no such thing as legal separation in the state of Texas. I strongly recommend you schedule a consultation with a family attorney in the State of Texas to determine whether or not your wife actually got a divorce or under what circumstances a judge ordered you to pay child support if you two are still married. If you're only separated (not legally divorced), then yes your wife would need to sign the paperwork for you to purchase a home, so it is imperative that you get divorced as soon as you can to make sure you are the only one legally benefiting from this transaction.
Answered on Oct 03rd, 2016 at 6:16 PM