Legal Question in Family Law in Texas

Re: divorce

Everything purchased during a marriage is presumed community property that is purchased during the marriage. Community property is owned by both the husband and wife. The one way that he could possibly try to claim separate property that is the new house is his is if he can trace back and prove his father bought the house either prior to your marriage or purchased it as a gift and gave it to his son only. If he gave it to both of you then that would be community property also. Again, there has to be proof and your husband would have to show proof. Worst case scenario, you might have be able to live in the house until the children reach age 18 and then sell the house and split the proceeds. Both names on the deed help, but were both names on the original deeds of the house sold? If you need anything further or you need to meet with an attorney call me.

John W. Armstrong

Re: divorce

If you file and request a TRO, you may be able to keep it status quo. Contact an attorney

Re: divorce

The simple answer here is that you need to make an appointment and go talk with a good family law attorney and go over all the details of the situation. You are going to need one for the divorce anyway. A divorce with children and real property and a husband who can't / won't keep a job is not for the DIYer.