Legal Question in Family Law in Texas

seperation/divorce

I'm in the process of separating from my husband. He will keep the home in which we are

currently sharing responsibility.

We have a two year old that I have stayed at home with for the past two years and I re-entered the work force a few months ago. I have no substantial debt, pretty good credit, and I bring in a respectable income. We will share joint custody of our son.

I'm wondering if it will be possible for me to buy a new house through the process of a legal seperation or if a divorce will need to be finalized prior to? Not sure if it makes sense to remove myself from the deed of trust on the current property before the actual divorce or not? I plan to leave the residence in 30 days and I'm not sure about my next move?

Thanks for the advice.


Asked on 3/22/07, 7:41 am

1 Answer from Attorneys
TC Langford Langford Law Office

Re: seperation/divorce

I always ask client not to purchase more property while the divorce is pending -- it complicates matters. Moreover, you cannot unilaterally remove yourself from the current mortgage. The lienholder has to release you, which is uncommon.

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Answered on 3/29/07, 12:27 pm


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