Home jointly owned in Tx. Spouse has been seeing someone else, coming home less & less for a yr.. 6 wks. ago spouse voluntarily moved out, stating he wanted nothing from the house. Now wants to come back to spare room until divorce final & home ...
The legal option is to ask the court to make Temporary Orders, and as part of that to ask that one side have "exclusive use and possession" of the house. The other side still has a property interest there, but can't come and go as they please. Courts are usually willing to do this.
But, if the other side has to go get a place, all community income may come into play as to how to pay for that second residence.
Conferring with an attorney is your best bet on this kind of case.
Can I modify the mediated settlement agreement? My x husband and I we has a joint custody and we had a new mediated settlement agreement only a couples months ago then circumstance happen and i need to change but his not agreeing with me. but I ne...
I agree with the last answer. Normally no, but if the change you refer to is consider by the court to be a "material and substantial change in circumstances", then yes, you may be able to ask for changes. That the same standard that would apply if the MSA had become an Order.
Confer with an attorney about the change and whether it would meet that standard.
The land is in Texas. I was forced to leave 3 years ago. My daughter and i are barely paying our apt rent which is 300.00 more expensive than the land payment where he still lives. He makes twice as much as both of us together and yet he wants me ...
Does the Decree state that you each pay 1/2? If so, you may be obligated to do so. But, if you cannot keep up with the obligation, it's sometimes possible that your shortfall can be made right in the distribution of the proceeds once it's sold. Also, is the land being sold in a timely way? If not, perhaps an attorney can help with that.
I'd suggest getting an attorney right away.
I have been unemployed for 6yrs, a stay at home mom to our daughter, and depleted all my savings and checking paying what is considered my part of the bills. He is adamant he has no responsibility to me financially.
You are both possibly guilty of thinking of your money and his money as your separate funds, when you are in fact married in a community property state, meaning that the monies are community funds. Which means that whatever attorneys fees are generated during the divorce will be paid by your community estate, regardless of whether you've been thinking of those funds are your separate monies.
In Temporary Orders, the court may have him help you with your temporary bills, and you may be eligible for child support and spousal support after the finalization of the divorce.
You would need a consultation with an attorney to learn the answers to those questions.
Have you been married for those 25 years? If you, YOU didn't make those payments, Y'ALL did. Meaning, as the previous answer said, that in a community property state, your income is y'all's income, not yours alone. So, the answer to whether you can keep the house depends in whether there are other components to the asset/debt division that allows you to make a fair overall division while keeping the house. Also, whether you can borrow and pay your spouse enough to make the division fair.See question
I'm a foreign spouse living 5 years in not so healthy relationship. I tried to work on the issues many times, but I don't get any support from my husband or his family. My mother in law keeps all my documentation, I tried calling her and my husban...
I agree with the previous answer. To be more specific, a Temporary Orders hearing, after the filing of the divorce, may be the best way to deal with the possession of all kinds of property, but those items in particular.See question
In the decree it states that refinance is to be accomplished but no deadline date. If I am asking my ex-spouse to please do this as it is affecting me and my credit due to it being held up and my military benefits being tied up can I go back to c...
If the Decree is not specific as to when payments are to be made, you're likely looking at a Clarification, not an Enforcement, since your ex-spouse isn't officially in default on a court-ordered obligation. But, that would be well worth the effort, IMHO.
Spousal support can be modified. You'd need to talk to an attorney about the arguments for and against.See question
I live in Texas, and my parents used their money to pay the whole price of the property in Texas and used both my wife and my name on the title. I really need a way to avoid the property being considered as community property since my parents spe...
This could be very tricky. The titling in joint name is going to give rise to an assumption of a gift to the both of you, which would be joint separate property (and would effectively be like community property). Your parents could testify that they intended a gift to just you, if that was the case, but that would be hard to do in the face of that titling, and, if it went to judge, a judge could choose to believe the titling over the testimony.
Making it even trickier is that since it's arguably joint separate property, the divorce court may not even have jurisdiction over the issue.
Get an attorney. For sure in this fact scenario.
We have been separated for the last twenty or thirty years.
You do not need her permission, but you do have to give her notice of the initiation of the process, and she has a right to participate. She can't object to the divorce because she doesn't want to be divorced, but there is the potential for disagreement about the terms of the divorce, such as the division of property and debt.See question
I have an original divorce petition filed asking for a restraining order for myself and older kids due to verbal abuse and intimidation. Apparently I cant afford to go to court with an attorney so I might settle dropping the restraining order I g...
As previously stated, the police are usually involved with instigating Protective Orders. Restraining Orders are usually about barring certain activity until both sides are able to attend a hearing as to what the court should do from there.
You need to confer with an attorney. Abusive phone calls and texts have to be seen to determine what effect they may have in court. The 14 yr old's thought may be able to be taken into consideration by the court.