Legal Question in Family Law in Texas

boyfriend's wife found out about our affair, they've been married 25 years and own 4 rental properties.

She wants all the properties and all her 401K...she says she has a 'right' because of his adultery, can he fight this legally and win for his share of her 401K and the properties they paid for togethr?


Asked on 7/31/10, 4:02 pm

2 Answers from Attorneys

Ken Gober (Austin TX) Lee, Gober & Reyna

The technical answer to your question is: Yes, she could walk away with everything.

The practical answer based on what will probably happen is: No, she won't get everything, but she may get more that half of the community property.

Texas law requires that community property is divided by a "just and right division". Most of the public thinks this means 50/50 (and in most cases it may) but in special cases (perhaps when there is adultery) one spouse may be able to claim and get more than half.

As an Austin Divorce Lawyer I confront these type of issues daily and they can be complex.

My best advice is to seek the counsel of a local and competent Divorce Attorney.

Good Luck!

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Answered on 8/06/10, 8:09 am
Fran Brochstein Attorney & Mediator

I assume that the wife did NOT go to law school.

Husband needs to hire an attorney ASAP.

I'd look on www.lawguru.com and on www.avvo.com for an attorney. Both sites allow people to ask free questions. Read attorney answers and pick an attorney that you like.

Hire someone NOW!

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Answered on 8/06/10, 8:49 am


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