Legal Question in Family Law in Texas
I have been with the same man for 16 yrs. We lived together in Chicago for 5 years and moved to Texas and built a house. We have two children 13, 10. We got married 6 1/2 years ago. So we have been living together the whole 16yrs. We built a house in 2001 and I picked out the house and the lot and put 1000 down on it. I picked out everything in the house. He never put my name on the house and now wants a divorce. He is telling me I have no rights to the house and I need to move out. Can this be true?
1 Answer from Attorneys
From what you've told us:
1. The house is his separate property, since it was purchased before the marriage. However, the community estate has an interest in it, since mortgage payments were made during the marriage. His statement that you "have no rights to the house" is false.
2. You should file for divorce NOW, and ask for temporary orders that
a. award to YOU the temporary use of the house;
b. award to YOU temporary custody of the children;
c. order HIM to pay you temporary child support.