Legal Question in Family Law in Texas

Rights to property in divorce

If I separate from my husband before divorce and move into an apartment with a 6 month contract, Can I loose my rights to the property we own. We have a verbal agreement to sell the property and split the money? Can he say I abandended him and keep the house? My name is on the deed also.


Asked on 8/22/02, 4:27 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Re: Rights to property in divorce

I get this question weekly.

No, you have not abandoned your property.

Don't sign anything -- you can sign away your rights.

If your name is on the deed and the note, you probably protected.

This is based on no pre-nuptial agreement. If there is such an agreement, that document controls.

My answer is a generic answer. I have seen people illegally do all sorts of things. If your spouse is unethical and smart, he can probably think of all sorts of ways to make it very difficult for you to claim your percentage of the community property.

You need a divorce attorney.

If you live in the Houston area, please give me a call at 713-847-6000.

Good luck!

Fran Brochstein

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Answered on 8/23/02, 6:57 pm


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