Legal Question in Family Law in Texas
Unsure of rights.
I would like to help a friend. He has been married for 4(four) years, in which time his wife has put mainly herself in major debt and done some unexplained things with finanices and ect that he had nothing to do with. He has owned the house that they live in for over 9(nine)years but is afraid that because she has made reasons for not working the whole time that they have been married that she will fight and be allowed to have it. However, her name is not on the ownership. And she has faltered on the taxes on the business that she ownes and dose not make money. My question is dose a basic bottom line law having to do with this exsit and what is it? or dose it all have to do with if a prenup was made. I hope I was clear enough to understand thank you.
1 Answer from Attorneys
Re: Unsure of rights.
Your questions are somewhat unclear so I will try to answer your questions broadly.
If there is no pre-nuptial documents done, then in Texas all debts and assets that occur during the marriage are community property.
If he co-signed on any credit cards, then the 3rd party creditor can go after him, even if the Judge awards the debts to the wife. If you think about it that makes sense -- you enter into a contract with an innocent 3rd person ( say VISA) and no judge can take away VISA's right to sue that person for that debt. If the wife is awarded the debt in the divorce, the husband can then sue the wife for reimbursement. However, if she has no money then he can win his lawsuit but not get his money back. He can get a judgment against his ex-wife -- if she has no money it is a very nice piece of paper he can frame!
The house sounds like his separate property.
He needs an attorney to advise him on his rights and obligations.
If he lives in the Houston area, please have him call at 713-847-6000.
Good luck!
Fran Brochstein
www.familylaw4u.com
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