Legal Question in Family Law in Texas

In a divorce: I am on the lien and deed of trust on our homestead. If I move out, will my husband have to either buy me out,or will I lose ownership of the property. We have lived here less than a year. He can not afford to pay the mortage by himself, but I feel he may move renters in just so he can hold on to the property. What is the standard division on this type of property?

Thank you

Ms.Kennedy


Asked on 7/22/10, 7:19 am

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

There really isn't a "standard division" in this kind of case.

However, a judge would probably award the house AND the debt to one party.

Or: The Judge could order the house sold, and the proceeds divided between the parties.

Or. The Judge could award the house to one party (along with the debt) and award a lien to the other party in the amount of (say) $5,000.00.

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Answered on 7/22/10, 1:55 pm


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