Legal Question in Family Law in Texas

Re: Divorce-Who Gets The Houses

If you haven't done so already, you need to contact an attorney in your area. There are a number of issues involved that can become particularly complicated. You really need the assistance of an attorney.

Re: Divorce-Who Gets The Houses

Unless there are facts that you haven't disclosed, the house is likely to be community property. In that case, the judge should award the property on a basis that is "just and right having due regard to the rights of each party and any children of the marriage". While that may seem to favor you, there are other considerations. For example, you did not mention any children of this marriage. Also, a judge is not very likely to award a house to a party that cannot afford to keep it. If you just bought it, then it may not have much equity (value over the note).

A judge CAN take account of fault in the breakup of the marriage in awarding property. Adultery is still a legitimate, but little used, fault ground for divorce (most are no fault).

Please realize that this is starting to sound like a very expensive case. Think hard about whether obtaining the result that you want is truly beneficial to you (as opposed to harmful to him) and whether it is worth the expense.

Most of all, contact a lawyer as soon as possible to protect your rights.