Legal Question in Family Law in Texas

MY DAUGHTER LIVES IN EULESS TEXAS. HER HUSBAND WANTS A DIVORCE. THEY HAVE 2 CHILDREN AND HER CHILD FROM A PREVIOUS MARRIAGE. HIS NAME IS ON THE LOAN FOR THE HOUSE THEY PURCHASED A FEW YEARS AGO. MY DAUGHTER IS ONLY A SIGNER ON THE LOAN. CAN SHE LIVE IN THE HOUSE UNTIL THE CHILDREN OR 18 YEARS OF AGE AND DOES HE HAVE TO MAKE THE PAYMENTS ON THE HOUSE SINCE HE IS PERSON WHO TOOK OUT THE LOAN ON THE HOUSE?


Asked on 7/23/09, 8:17 am

1 Answer from Attorneys
TC Langford Langford Law Office

When a couple separates, and files for divorce, these are issues which are either agreed between the two of them; or if they cannot reach an agreement, then one party requests a hearing on temporary orders, and the court determines who will reside in the house for pending the final decision at the trial on the merits. Since there are children and property involved, she should have a lawyer. Although the names on the mortgage and deed are relevant, the family court considers all property acquired (except by gift or inheritance) during the marriage to be community property.

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Answered on 7/23/09, 9:06 am


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