Legal Question in Family Law in Texas
My husband and I are currently in the middle of a contested divorce (he committed adultery, abandoned his children for six monthes, and fathered a child during this time). We have been seperated for about a year and a half, and he refuses to sign the papers, because he wants to be able to claim at least one of our two children on income taxes, even though he only sees them a few times every other month, has never called them or shown up for holidays, and never even attempts to see them on his designated Thursday visitations. I recently found out that he bought a house for him and his mistress. My question is, since there is no thing as a legal separation in the state of Texas, would this new house be considered community property if his name is on the mortgage? Am I entitled to any compensation since he bought this house while we are still married?
2 Answers from Attorneys
Any assets purchased during the marriage are presumed to be community property. If this is a contested divorce, you have an attorney. You should tell your attorney about this.
I agree with the other attorney. You need to tell your attorney. I assume that you live in Harris County. The judges in Harris County hear cases like yours all the time - your case is not unusual -- sorry.
I assume that your case will eventually be sent to mediation. I recommend that you try to resolve this case at mediation. There are many excellent mediators in the Houston area. Get a "strong" mediator & try to settle this case. It would be the best thing for your kids.
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