Get free answers to your Divorce legal questions from lawyers in your area.
I purchased a home in 2011 while single. I got married in 2014 and sold the home in 2017, using the $90k cash received as a down payment for a new home with my husband. My husband is on the deed but not the mortgage loan. We are now divorcing. Is the $90k I used for the down payment and fees... View More 
answered on Apr 11, 2025
If you can trace the $90k down payment to the proceeds received from the sale of your separate property home, you have a valid argument that your new home is an asset of mixed character--meaning it is partly your separate property and partly community property.
For example, if the price of... View More
I've been married for 16 years, and my husband moved out of our Texas home to a motel, leaving me and our dog. The mortgage and utilities are in his name only. I haven't been able to contact him, and I believe he might have a girlfriend. We haven't filed for divorce yet. Am I allowed... View More
answered on Apr 4, 2025
Yes, you can stay in your marital residence even though he has moved out.
Yes, he can legally turn of utilities that are in his name before a divorce is filed.
Because you are also an owner of the home, you can turn the utilities back on in your name.
If you file for... View More
I was awarded a vehicle in my divorce, but the credit union refuses to acknowledge the divorce decree, stating the loan and title remain in my ex-husband’s name. They will not allow refinancing in my name, affecting my ability to register the vehicle. I’ve considered returning the vehicle to... View More
answered on Apr 3, 2025
If the loan is solely in your ex-husband's name and the divorce court did not order to pay the loan and to hold your husband harmless from any failure to pay the loan, then your ex-husband remains liable on the loan. In addition, the vehicle remains collateral for the repayment of the loan.... View More
Hi, I have been with my partner now for 17yrs but married for almost nine years. Living together for a total of 15 years. My husband surprised my children and I and bought us a house1 year before we wed. His name is the only name on the deed but I’ve bought all appliances and the entire home... View More
answered on Mar 25, 2025
If you can prove that you were married pursuant to common law at the time the home was purchased, the home is community property and subject to a just and right division upon divorce.
Otherwise, if the home was purchased by him before you were married, it is his separate property.... View More
I was overseas when my husband, who held power of attorney, transferred all our assets into his name, divorced me without any notice, and I was not served with any legal documents. The events occurred in Galveston, Texas. How can I challenge the divorce and the transfer of assets, and what are my... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 23, 2025
The attorney-in-fact under the POA is a fiduciary for his principal (you). Conveyances of the principal's assets to the agent, by the agent, are presumptively fraudulent. He could rebut the presumption, and it may have come under the divorce proceeding. Hire a TX attorney to file suit... View More
I'm in the process of selling a property after a divorce. The divorce decree clearly states that I have no debt, yet there is a HELOC loan taken jointly by my ex-spouse and me. Am I responsible for the HELOC loan repayment during the sale of the property considering the terms of the divorce decree?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 21, 2025
Under Texas law, your divorce decree may state that you are not responsible for any debts, but lenders are not bound by divorce decrees—they are only bound by the original loan agreement. If you signed the HELOC (Home Equity Line of Credit) jointly, the lender can still hold you personally... View More
I have been separated from my husband for 7 years with no formal proceedings initiated. I am seeking advice on how to receive a portion of his pension. We do not have any existing agreements regarding property or the pension. Can you help me understand what steps I need to take?
answered on Mar 20, 2025
If you do not wish to divorce, you can enter into a partition and exchange agreement with your husband agreeing that he will pay to you as your sole and separate property a portion of his pension benefits upon receiving them and imposing a constructive trust on those benefits he receives to the... View More
I have been separated from my husband for 7 years with no formal proceedings initiated. I am seeking advice on how to receive a portion of his pension. We do not have any existing agreements regarding property or the pension. Can you help me understand what steps I need to take?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 20, 2025
Under Texas law, community property rules apply to pensions earned during the marriage. Since you are still legally married, you may have a claim to a portion of your husband's pension accrued during the marriage. To pursue this, you will need to file for divorce and seek a division of marital... View More
Following my parents' divorce, it was stipulated in the divorce papers that I would receive a 1/4 interest in anything my father received from the Harber estate. My father, who had inherited a trust alongside his sister, has since passed away, as has his wife. I have the divorce paperwork, but... View More
answered on Mar 19, 2025
You should probate your father's Will. In accordance with the divorce decree, he should have left you the 1/4 interest you are entitled to in his Will. If you cannot locate your father's Will, you can still probate your father's estate as one of his heirs at law and argue that you... View More
I filed for divorce, and it is currently pending in court. My husband, who has two indictments for domestic violence, initially took most of the household items with police assistance, leaving only the basic furniture. Later, I was informed by dispatch that he would return with two officers to... View More
answered on Mar 15, 2025
No, police do not have the authority to allow your husband to take your firearms and personal property. They are only authorized to do a “civil standby” to prevent violence when your spouse is removing firearms and personal property he claims as his.
In your pending divorce case, you... View More
My divorce was finalized in December 2023, and I was served with temporary orders in September 2024. Today, I discovered my ex-husband made medical decisions, specifically vaccinating our children, without informing me. We have 50/50 conservatorship, and the temporary orders state that the children... View More
answered on Mar 13, 2025
Ordinarily, during a parent’s time of possession, that parent can independently make medical decisions for the child which do not require invasive procedures like surgery. So either parent can consent for a child to vaccinations during that parent’s time of possession.
The exception is... View More
I married my ex-husband almost seven years ago, and we are currently separated as I have filed for divorce. After assisting him with applying for a green card, he recently received a 10-year green card and came to the U.S., only to leave me within a week. Since I sponsored him, I would like to know... View More
answered on Mar 8, 2025
OK, if your husband has obtained the 10 year permanent green card, it is going to be almost impossible to have that revoked or re-adjudicated. You can write a letter to ice or Uscis and explain the circumstances and they may revisit the case. But the bottom line it is going to be a very remote... View More
I'm in the process of a divorce, and my spouse, who has a documented history of covert narcissistic abuse, has served me divorce papers three times but hasn't followed up with the court. My psychiatrist has documented my spouse's mental abuse. I am concerned that my spouse, who has a... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 7, 2025
You can take control of the divorce process by filing for divorce yourself or filing a counterpetition if your spouse’s petition is still open. This allows you to move the case forward instead of waiting on your spouse. Hiring an attorney who will push the case forward can also help prevent... View More
I am in Texas, and my mother-in-law gifted a house to my wife and me because she didn't want to pay property tax, and I am exempt. Both my wife and I are on the deed, and I have renovated the flooring and painted the entire house. Although my wife has not made any financial contributions... View More
answered on Feb 28, 2025
It depends. Everything is presumed to be community property unless there is clear and convincing evidence that the property is separate. If she alleges it's her SP, then she has to prove it. Your spouse would have to prove that the gift was only to her and not to you both. If the judge... View More
I filed for divorce in Williamson County while my husband was in jail, but he was never served, so the divorce was never finalized. My husband is no longer in jail, and I have been able to contact him on Facebook. He is willing to give me the divorce. I just don't know what steps to take next... View More
answered on Feb 27, 2025
Filing for divorce in Texas involves several key steps, each requiring careful attention to legal procedures and deadlines. The process begins when one spouse, known as the petitioner, files an Original Petition for Divorce with the district court in the county where either spouse has lived for at... View More
I've been working on finalizing my divorce, and I have two children with my husband, who was deported to Mexico in 2019. We're dealing with a custody case, and I'm unsure how to proceed given his deportation.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 26, 2025
Since your husband was deported to Mexico in 2019, you can still proceed with finalizing your divorce and addressing custody issues in Texas.
If all necessary steps (service of process, waiting period, etc.) have been completed, you can request a final hearing to finalize the divorce. If... View More
I've been working on finalizing my divorce, and I have two children with my husband, who was deported to Mexico in 2019. We're dealing with a custody case, and I'm unsure how to proceed given his deportation.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 26, 2025
You can absolutely move forward with finalizing your divorce and addressing custody in Texas, even though your husband was deported in 2019.
If he was properly served before deportation and has not responded, you may be able to proceed with a default judgment if all legal requirements have... View More
I have been married for 16 years and separated for 4 years from my husband, who is an illegal alien without a green card. I'm an American citizen, and I'm seeking spousal support. He was the primary provider, but he cheated on me and left. Since then, I've been hospitalized for... View More
answered on Feb 26, 2025
Since you have been married for more than ten years, you may qualify for support IF you can prove that you lack the financial means to provide for your minimal, reasonable basic needs.
If you request spousal support, the court will consider various factors, including your financial... View More
I live in Texas, and my wife has filed for divorce after I was unfaithful with her best friend, who is now my paramour. My wife insists that my paramour have no contact with our 2-year-old daughter; however, my daughter is familiar with her, and they have had playdates with her daughter. Currently,... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 26, 2025
In Texas, since there is currently no court order restricting third-party contact, you legally have the right to introduce your daughter to your paramour during your parenting time. However, your wife may request temporary orders limiting contact if she believes it is not in your child’s best... View More
I am seeking spousal support. I was unable to have children naturally due to hormonal issues, but I underwent medical procedures to accommodate my spouse's desire for a child. We now have a one-year-old, and I have not worked for 20 months since becoming pregnant. I was a stay-at-home mom and... View More
answered on Feb 18, 2025
When you file for divorce, you should request temporary spousal support as part of your temporary orders. In order to increase your chances of receiving spousal support, you should continue to diligently pursue employment and keep track of such attempts. You should secure certified copies of your... View More
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
