Legal Question in Family Law in Texas

Re: want a divorce

When you say your friend's husband is buying a house, that leaves me with many important questions. Most people in Texas receive title immediately, even though they may make payments for 30 more years. If he received title (a deed) before the marriage, then the house is his separate property. If he has another arrangement and has a rent-to-own or contract-to-sell arrangement, then it might not be his separate property. If the closing actually took place after the marriage, then it is probably community property, even though her name may not be on the deed. Anything bought during the marriage is community property and she can claim it. This question of whether the house is his separate property determines whether she can make a claim to the house upon divorce. The judge cannot give the husband's separate property to the wife, although the judge can divide community property in any way the judge deems fair. The husband has a duty to provide shelter for the wife until the divorce. Your friend's first priority should be to get a separate checking account and change the direct deposit of her paychecks. She needs an attorney to help make sure that all community property is accounted for.