Legal Question in Family Law in Texas

my mom and dad bought a house than my mom passed away and my dad remarried and the woman moved into the house but my mom and dads name is still on the house and now he is getting a divorce from his new wife what right does she have to the house in the state of texas?


Asked on 6/21/10, 7:55 pm

1 Answer from Attorneys

Bruce Zivley Bruce C. Zivley, Attorney at Law

From the facts you provided, the home is the separate property of your dad. The homestead laws of the state of Texas may provide her with the right of occupancy until the divorce is finalized, but I believe that most Courts would be agreeable to the entry of temporary orders awarding your father the exclusive use and possession of the home while the case is pending. I am a board certified specialist in the field of family law practicing in the Houston area. I would be glad to discuss these matters further with either you or your dad. If interested, please contact me directly.

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Answered on 6/22/10, 8:05 am


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