Asked in Divorce for Texas

Q: TX Uncontested Divorce

No alimony or minor children. Very amicable - agreed on all details. Both of us have IRA's, 401k's but do not currently draw retirement benefits. Is uncontested an option (as is our STRONG preference)? Does this change if my wife buys a house after filing but before finalized (not sure why she doesn't wait other than it's an emotional preference). Thanks!!

Related Topics:
2 Lawyer Answers
Victoria Collins
Victoria Collins
Answered
  • Fort Worth, TX
  • Licensed in Texas

A: Yes, as long as minor children are not at issue, uncontested divorce is the way to go. As to your wife's purchase, she should wait until the finalization of the divorce, which can occur as early as 60 days after the initial filing. If however, she purchases the house before finalization, the final decree can provide that the new house is her separate property and you waive any interest in it.

1 user found this answer helpful

Rahlita D. Thornton
Rahlita D. Thornton
PREMIUM
Answered
  • Houston, TX
  • Licensed in Texas

A: The purchase of the house is community property until the divorce is finalized. That means that the court can consider it for purposes of dividing property in case there is a dispute. The property would be awarded to your spouse in the decree, if in fact she purchases it before divorce is finalized and you both agree to do so. 888-343-4529.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.