Legal Question in Family Law in Texas

I found out my husband was cheating on me and I had left. We filed bankruptcy last year when he had received several pay cuts. Now we are filing for divorce. We both met up with our bankrutcy attorney and filled out the proper paper work to put a stay on the bankruptcy so we can proceed with divorce. My question is, we are in agreeance on the divorce however I have mixed feelings on the house. He had signed the papers on the house 2 months prior to us getting together, so does that make it were I am not untitled to any part of the house? Can our bankruptcy be 50/50? I am the one that has covered medical on him and his daughter for the past 9 years. Can he really make me continue to cover it? I am not her biological mother. It seems as though he is the one that has cheated and I am the one that keeps getting screwed.


Asked on 11/02/10, 7:19 am

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

Bankruptcy is not "50-50." A debt is either discharged or it's not. If it's not, the creditors are left with their original rights (to try to collect the debt from the party whos' legally responsible) after the bankruptcy is over.

Property is either exempt or it's not.

If payments were made on the mortgage after the marriage, then the community estate has an interest in the house, even though the house itself is separate property.

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Answered on 11/07/10, 11:09 am


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