Legal Question in Family Law in Texas
My parents are deaf and my father is planning on leaving my mother by the end of this month. They have been married for 30 years, my father always took care of the bills and needs of the family, and my mother has never worked. He told my mother that he is selling the house and that she needs to be out by the 31st of January, but she has no money or a place to go. Is he able to make her leave when she has nothing? Thank you for your time.
1 Answer from Attorneys
He'll at least have to get her signature to be able to sell the house. The short answer to this is that he's definitely going to have some obligations toward her, but she will need to assert her right to those obligations. The only real way for her to do that is to file for divorce, whether she actually wants one or not.
I wonder, from what you've said, what he's planning to do with the money from the sale of the house, which would probably be community property (unless it's property he inherited, bought and paid for before marriage, etc.). The law on that type of situation is better now than it used to be, but still, if he does something with the proceeds to where they're not subject to community property division, there could be major issues for your mom. He'll also have a duty to continue to support her basic needs after the divorce, given her situation and how long they've been married. She really needs to talk to an attorney right now, and put together a plan for how to deal with this. Good luck.
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