QUESTION

Would I need to hire a lawyer considering that we don't really own any assets together?

Asked on Dec 28th, 2012 on Divorce - Texas
More details to this question:
Background:- I've been married 11 months now. I'm not a US citizen. She is.- I have a house and a car (both of which I'm still making payments on) that I had purchased PRIOR to getting married and my wife's name is NOT on either title.- We only have one joint account with only $100 in the account that I deposited.- I've been unemployed throughout the marriage and NOT claiming unemployment. I also don't receive any kind of federal benefits. My parents have been helping me.- She's been mostly unemployed thorough out the marriage and CLAIMED unemployment when she was unemployed. However she deposits the unemployment benefits in her own personal account. She also deposits her paychecks into her own personal account. She did not use any money from the unemployment or her paychecks to pay for the house or the car or taxes. Pretty much she uses her income for herself.- I'm in a lot of debts (mostly credit cards).Questions:- If I file for a divorce, can my wife go after my house (which i'm assuming is upside down), even with the fact that she never made a single mortgage payment into the house? Her name is also not on the title.- Same question about the car.- Pretty much I'd like to keep everything that I'm responsible for to myself (mortgage, car notes, other debts under my name) and she keeps everything that she's responsible for to herself. Is this possible? I'm assuming, she'd be better off. But knowing the person that she is, I'm afraid that she's going to try to make the divorce process as difficult as possible for me.- Would I need to hire a lawyer considering that we don't really own any assets together? If at all possible, I want to try to talk my wife into doing the uncontested divorce process here in Texas but if we end up needing attorneys to represent ourselves, would I be responsible for her attorney fees?Thanks in advance for any response.
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1 ANSWER

Assets owned prior to the marriage are separate property. However, there are possible claims for reimbursement. Texas property law is rather complicated - it would be wise to hire a lawyer.
Answered on Jan 08th, 2013 at 8:12 AM

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