That is a statement, not a question. If you have a house, then one can buy someone out of the house, sell the house, or give straight over. Also, if you have other assets other than the house, you should put it all in the pot, spreadsheet for the division of the property.
If there has been family violence then you maybe able to file a protective order and get a kick out order, otherwise you file for divorce, ask for temporary orders, set for hearing, and then ask for exclusive use and possession of the residence pending a final trial.
Texas regonzies a common law marriage. You may look for evidence that is older than six years to show an earlier date of marriage, but based on your questions, looks that since the date of the marriage you have six years of community property subject to division.
She can always ask for the community property interest in that house. It is up to the judge based on your facts as to what share of the community either spouse should take. If she is with other men, and not paying towards the house, and you are living in that house making mortgage payments, very...Read more »
The county is which the order cam from should be able to give you a copy of the order for a fee. If you are not sure the county, then you would need to do a search for a court of continuing jurisdiction. Goggle " Inquiry On
Court Of Continuing Jurisdiction For A Child " and the form...Read more »
My wife left with my daughter last September. We are not divorced yet but she says I can not see her without being supervised. Also every time she wants to set up a visit it is concierge for her only or if she is wanting something.
You need to get a family law attorney and go to court to get orders specifying when, where and how long you and her get to see your children. That way if it is “your time” and she refuses you can seek enforcement from the court, which can include jail time for her.
So I’ve filed for divorce and we’ve been separated since 2006. She had a child after we separated and I was court ordered to take a paternity test which proved the child was not mine. Do I need that proof for my divorce or is it already in the system? I’ve already received a hearing and she... Read more »
As you asked this in a Texas forum, the court looks at the best interest test in awarding custody to one parent. The factors in the best interest test are called the Holly Factors and a short video can be found at the link below. https://www.youtube.com/watch?v=Re4LE3K643Y
The answer really depends on what the court date is for, but typically, as long as a respondent has been properly served (personal service on an original petition of most any kind) and they fail to appear at the hearing or trial, the petitioner wins by default.
Under Texas law, inception of title doctrine says that the home is your wife's separate property. Your income during marriage, however, is community property. So the community estate might have a claim for economic contribution to your wife's separate estate, but most courts recognise that you have...Read more »
I have filed all the necessary paperwork, waited the 60 days, and have tried to serve my wife myself however she is very obtuse to the situation and she’s just hoping it will go away. I am worried if I serve via a constable she will not answer the door. Can I serve her via certified mail?
An original petition must be served in person if she won’t sign a waiver of service. By the way, you did not have to wait 60 days from filing to serve, you have to wait 60 days after filing before finalizing the divorce. Once she is served, you have to give her at least 20 days to file an answer....Read more »
My ex-husband of just 3 days shy of 11 yrs filed for divorce in 2017 and put our jointly owned property on the divorce decree along with deeming himself custodial parent of our then 11 yr old daughter after I signed it. What rights do I have today as far as being compensated for the property and... Read more »
A Final Decree of Divorce is an order of the court, which means the judge had to have signed the Decree. If the Decree was never signed by a judge then it is not a final order. Since 2 - 3 years have passed since you signed the decree, its content cannot be changed IF a judge signed it, however;...Read more »
This sounds like a very bad idea, possibly abusing an elderly person.
Rather than take the law into your own hands, you might report your grandfather to Adult Protective Services and consult with an elder law attorney about how to protect your grandmother. You can locate one near you using...Read more »
I am still on the current VA loan but she took sole responsibility for the house per the divorce decree. She's asking me to refinance the VA loan so the interest is dropped significantly. Will this effect me in any way beyond my current situation? Would her being solely responsible for the... Read more »
You probably won’t qualify to refinance since you do not own any interest in that house. However, it will benefit you if she refinances the debt in your name. I don’t know the current loan situation. But, it sounds like you’re the one for paying the loan if she doesn’t pay it. Good luck.
I am a great dad. She took my son & moved 100 +mi away & filed with the OAG in her county after we had a good 50/50 custody going for months here. I don’t mind paying child support, but she’s keeping him from me. I want 50/50 custody. Can I file for custody in my county before the OAG... Read more »
If you have not answered or showed up in court yet you may be able to request venue change. But, it has to be done as your 1st pleading or with your first pleading. An attorney should be consulted. Fight for that custody issue if that’s what you’ve been doing. Good luck. 888-343-4529.
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