Legal Question in Family Law in Texas

His adultery is really only relevant if he wasted marital assets on the girlfriend - it might entitle you to a disproportionate share of the assets. (If there are children, it could have consequential effects on the kids, and the need for counseling etc). Since you state that you would want to divorce, and he is the one going back and forth; stop waiting for him to make decisions; and be proactive. Retain an attorney and initiate the process. Once the divorce is filed, it is common to file for Temporary Orders. That hearing is set and he is served with the petition and the notice of hearing. At that initial hearing the court will decide who will maintain what assets and what debts while the divorce is pending. It will be a set of ground rules for the interim. During that time the parties will engage in discovery and mediation. If unable to reach an agreement, it will be set for trial. There are several different methods for handling the residence and other high-ticket items. Divorce orders are not binding on the mortgage lender. Sometimes a party will refinance in their own name, and pay off the equity owed to the other party. Sometimes the house will be sold, and the proceeds divided. Each situation is different, and will depend on your attorney's advice regarding your situation, his cooperation, whether an agreement is reached, or what the court orders. As an aside, normally if the issue is still alive at trial, the court will probably order the house sold, and set the terms.

A judge cannot take his name off the mortgage. So you can be given the house in the divorce but his name will still be on the mortgage. He probably won't be able to buy another house since it will appear on his credit.

You can try to re-finance the house in your name only. I don't know if you are able to financially do that without his co-signing.

You need to talk to a divorce attorney in person about your options. As you can see, this is a complex divorce case since you own real estate. Please don't try to a this divorce without an attorney.