Legal Question in Criminal Law in Texas

I'm common law married in the state of Texas for eight years my common law husband is in jail for indecency with a child sexual contact the victim was my 12 year old daughter! What can I expect to get out of the divorce we have bought land together live stalk vehicles ect. But he made sure everything was in his name! My three childeren left six our house and him with only the clothes on our backs! If he is in carcerated what can get our personal property and half of what was ours ! Can someone please explain I don't have money to get a lawyer for he divorce!

The charges he pled guilty to are indecency with a child sexual contact second degree felony

Sentencing hearing is feb. 25 2011 I have no idea what his sentence will be people have told me he could get off with just probation

Thankyou for your time


Asked on 2/21/11, 9:20 am

1 Answer from Attorneys
Cynthia Henley Cynthia Henley, Lawyer

You are asking a divorce question under the criminal law section. I suggest that you ask it under the proper section. I will tell you that it does not matter whose name the property is in, if you can establish that you were, in fact, married and the property was aquired during the marriage then there is a presumption that you own it 50/50.

If he is incarcerated, why are you not returning to your home and living there and / or getting your clothes and personal property?

He could get probation if he is eligible but that does not mean he will. You should be providing input to the prosecutors' office about the effect of the assaults on your child & other children. They consider this kind of information in the evidence they put forth at sentencing. You should be testifying at the sentencing hearing, as possibly - POSSIBLY- should your child.

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Answered on 2/21/11, 8:29 pm


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