Legal Question in Family Law in Texas

My husband relocated to San Antonio TX due to his work from WA. We almost got divorce in WA but we talking about try again in our marriage. Then he turns around telling he is buying a house all his own & just his name. I told him it will be still a community property because we r still married when he is buying the house but he said I can't claim half if we get divorce in TX because it is just his name only. Not familiar. With TX divorce law but I would think it is similar to WA law. Upsets me when he says he wants to work on the marriage but insist he will have just his name. Is that true that I can claim half?

Asked on 10/13/11, 1:07 pm

1 Answer from Attorneys

Thomas Daley KoonsFuller PC

It will be community property whether he puts your name on it or not.

You would be entitled to a "just and right" division of the equity in the house upon divorce. Often, "just and right" = 50:50 in Texas, but not necessarily.

If the house is $200,000 and at the time of divorce you have $10,000 in equity in the house, you would be entitled of a just and right portion of the $10,000.

He's clearly done with the marriage. You can't file in Texas until you've lived here 6 months. Once you've crossed that boundary, it's time for you to take $5,000 out of the family savings account, hire an attorney, and file for divorce. Consult with a local family law attorney about all this before you move any money. But don't wait until your husband has hidden/spent it all before you take action.

Good luck!!

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Answered on 10/13/11, 3:10 pm

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