Get free answers to your Divorce legal questions from lawyers in your area.
We separated and while so, I purchased a house. She moved back in after losing her job and now we are divorcing. She has been quit adamant that she wants nothing to do with the house in any way. Should I still get a quit claim?
answered on May 6, 2024
Typically, as part of your divorce settlement, you would want a Special Warranty Deed to ensure that your wife's surrender of her community property interest is properly recorded in the Deed Records. A quit claim deed is usually used when someone does not have a clear interest in a parcel of... View More 
We separated and while so, I purchased a house. She moved back in after losing her job and now we are divorcing. She has been quit adamant that she wants nothing to do with the house in any way. Should I still get a quit claim?
answered on May 3, 2024
During a divorce, it's generally advisable to address any property interests, including the house, to ensure clarity and protect your interests going forward. Even if your spouse has expressed that she wants nothing to do with the house, obtaining a quitclaim deed can help to formalize her... View More
WE DO NOT HAVE KIDS TOGETHER. JUST NEED TO FILE
answered on Apr 30, 2024
In Texas, residency requirements for divorce cases are governed by Texas Family Code Section 6.301. According to this statute, either party involved in the divorce proceedings can establish residency in Texas, allowing the divorce case to be legally filed in a Texas Court.
Specifically,... View More
told the judge that i signed the divorce decree which i didn't and my ex wife got all three houses and all of her military retirement. We continue to live together for another year and one day she just put me out on the streets. I want to file a motion for a new trial or a motion for a modify... View More
answered on Apr 30, 2024
The deadline to file a motion for new trial is 30 days from the date the divorce decree was signed. If you did not receive notice that the decree was signed, that deadline can be extended up to 120 days from the date the decree was signed, depending on when you first learned that a decree was... View More
I finally got an address for the dad that’s been absent for a year can I file in his state or is it better to file in Texas? If so what do I file to keep my child and I safe from domestic violence on my end.
answered on Apr 30, 2024
Under the Uniform Child Custody Jurisdiction Act, the state which is the "home state" of the child has jurisdiction over any court proceeding to establish paternity or conservatorship and possession of the child. A child's "home state" is the state where the child has... View More
The lawyer who handled my divorce did not do anything I asked and she promised, she behaved unethically and lied to me. Please, can you provide me with the names of divorce malpractice lawyers in Texas?
answered on Apr 29, 2024
If your divorce lawyer's conduct fell below the standard of care and caused you to sustain damages, you can sue her for legal malpractice. How strong your case is depends on the particular facts and circumstances, the nature of your damages, and the likelihood you would have prevailed on the... View More
Both names on the mortgage. One doesn’t want to lose any rights to house, kids, or assets.
answered on Apr 24, 2024
It can be used against you in a temporary order hearing to award the wife temporary exclusive use and possession of the house during the pendency of the divorce action. It will not affect a final disposition of the property in your divorce decree.
hi my child father and I settled a custody agreement on December 1 of 2023. I I have signed my portion of the custody agreement, but he has not even though child support was supposed to go into effect on January 1, 2024. What will happen to him if he does not sign
answered on Apr 12, 2024
It depends on whether the "agreement" arises out of mediation and is commemorated in a signed mediation settlement agreement or whether it was announced in open court and expressly irrevocable.
In many cases involving child custody, agreements reached between the parties are... View More
Hi, my husband had an affair and had a baby during our marriage him and I have a kid together but, doesn’t give me support. Instead he neglects our child and gives more attention to the one he had with another woman. Is there anything we can get out of the divorce?
Not to mention... View More
answered on Apr 6, 2024
Provided you are able to provide proof of the domestic violence and the other baby, these would be grounds to ask for a disproportionate share (more than 50/50) of the community estate.
The community estate consists of any property that was acquired during the marriage (except for... View More
Hi, my husband had an affair and had a baby during our marriage him and I have a kid together but, doesn’t give me support. Instead he neglects our child and gives more attention to the one he had with another woman. Is there anything we can get out of the divorce?
Not to mention... View More
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answered on Apr 6, 2024
I'm sorry you're going through this situation and dealing with an abusive, selfish spouse. You're not alone, and you're not without options. But, there are no quick or easy solutions. Rather, all roads lead in one direction -- a divorce. Here are the steps I would suggest:... View More
Married couple. The male gets the inheritance and makes a purchase with the inheritance funds. Wanting to know if that purchase is protected from community property in Texas now that they are divorcing.
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answered on Apr 24, 2024
In Texas, property acquired during a marriage is typically considered community property and is subject to division upon divorce. However, there are exceptions to this general rule, particularly concerning inheritance.
If one spouse receives an inheritance, those funds are generally... View More
Married couple. The male gets the inheritance and makes a purchase with the inheritance funds. Wanting to know if that purchase is protected from community property in Texas now that they are divorcing.
answered on Apr 2, 2024
During a Divorce spatting spouse divide marital during divorce proceedings. state law directly the division of the proports during divorce proceedings. A primary consideration in property division is the classification of assets as marital or separate generally is marital property regardless of... View More
Married couple. The male gets the inheritance and makes a purchase with the inheritance funds. Wanting to know if that purchase is protected from community property in Texas now that they are divorcing.
answered on Apr 2, 2024
In Texas, all property or income earned during the marriage is deemed community property, excluding gifts and inheritances. Even separate inherited property can be a challenge if marital income is used to pay taxes, remodel, etc. If an inheritance is in cash and that cash comes to be added to the... View More
Married couple. The male gets the inheritance and makes a purchase with the inheritance funds. Wanting to know if that purchase is protected from community property in Texas now that they are divorcing.
answered on Apr 2, 2024
if you answer was same rule every inherence property During a Divorce spatting spouse divide marital during divorce proceedings. state law directly the division of the proports during divorce proceedings. A primary consideration in property division is the classification of assets as marital or... View More
We live in Texas. Can they try and take our house because it is is both of our names? We have been separated for over a year and plan on divorcing later this year when my daughter turns 18. Don't know what to do about my house to make sure it is secure.
answered on Apr 1, 2024
No Texas Constitution protects your homestead from most creditors except property tax liens and HOA liens, and I believe a child support lien attaches and does not need to be renewed every 10 years. Any normal creditor can not seize your homestead for nonpayment. They can execute against bank... View More
after a trial, divorce decree was completed by opposing counsel (husband atty) and wife(me) objected to the inclusions of property awarded to her. the decree stipulated i was awarded a home that was foreclosed in 2015, a home that was sold in 2013 and a home that husband alleges was mine but it... View More
answered on Mar 20, 2024
There is no need to, or harm in, including such properties in a divorce decree.
With respect to properties sold after he served you with suit, ordinarily the court's standing orders prohibit either party from selling any real property in either party's name during the pendency... View More
At this point? Does the individual who inherited the TODD inherit only 50% or the full 100%?
answered on Mar 15, 2024
The person who acquired the property from your wife by a transfer on death deed now owns whatever part of the property your wife owned, subject to any liens that may exist (such as mortgages or unpaid taxes). If your wife got 100% of the property in the divorce, and didn't transfer any of it... View More
At this point? Does the individual who inherited the TODD inherit only 50% or the full 100%?
answered on Mar 11, 2024
If a wife was awarded 100% of the property upon divorce, her 100% interest passed to the grantee named in the ToDD upon her death.
While it would have been better for there to have been a special warranty deed from the husband to the wife at the time of divorce to remove the husband from... View More
1. He earns almost 3x my salary. Does Texas support alimony?
2. He works for a liquor company and part of his contract includes equity in the company on a 5 year vesting schedule. In addition, if the company is sold prior to the 5th year, full equity participation shall vest. The company is... View More
answered on Mar 4, 2024
1. Texas law does provide for "alimony", which in Texas is called spousal maintenance, if the marriage has lasted at least ten years, or the spouse seeking alimony is disabled, or a child of the parties is disabled and requires the supervision of the spouse seeking alimony, or there is a... View More
I got divorced a few years ago and in the decree I was awarded the house and equity. After the divorce, my ex refinanced the house with me so that my payment would be lower. He now says he never agreed to give me the equity and that with the new loan agreement, he should get his half of the equity... View More
answered on Feb 26, 2024
Your question strongly suggests you did not follow the advice of your divorce attorney. If your divorce decree awarded you the residence, there should have been an accompanying special warranty deed from your ex-husband to you deeding the home to you and an accompanying deed of trust to secure... View More
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