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Hilton K. Moore

Hilton Moore’s Answers

40 total

  • Can i keepmy house that I work out of and kids over 21 still live in in texas divorce, Ihave paid all the payments for25years


    Hilton’s Answer

    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.

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  • How can I get back my passport and documentation from my mother in law, in case of separation or divorce?

    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...

    Hilton’s Answer

    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.

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  • Refinancing and going back to court to change decree

    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...

    Hilton’s Answer

    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.

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  • Divide property with joint names during divorce

    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...

    Hilton’s Answer

    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.

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  • Do I need my ex wife permission to get a divorce?

    We have been separated for the last twenty or thirty years.

    Hilton’s Answer

    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.

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  • Difference between restraining order divorce or through police?

    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...

    Hilton’s Answer

    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.

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    Hilton’s Answer

    You need to consult with an attorney. The inherited funds may be his separate property, and therefore not divisible in the divorce, but that is a tricky area, as mentioned previously. Also, per your message, he's thinking he has to divorce you before he receives it, and that may not be true.

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  • TX Divorce Decree.

    Me and my ex signed a binding/irrevocable contract pursuant to Tex. Fam. Code 6.602 about child support that was incorporated in the Final Divorce Decree and signed by the judge; she did not challenge it (it has been 1.8 years). Basically it said...

    Hilton’s Answer

    • Selected as best answer

    Two points here:
    - If she meets the requirements of a significant change in circumstances, she may be able to modify. Hard to say whether a judge would consider the agreement to be an impediment to that.
    - The judge can override that agreement if the judge finds that agreement to not be in the best interest of the children. Based on what you're describing, I'd consider that likely.
    Further order of the court is what the modification would result in, so that door is open.
    Have an attorney review the agreement. I doubt a judge would give much weight to an agreement that just says no CS if no job, without any time limit or reason why a job can't be obtained.

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  • Divorce I own home ex wife still lives has not taking over

    i'm divorced its been a year . My ex wife lives in my home .Home is under my name only and mineral rights are in my name . what can I do ? what kind of lawyer do I need live in Pflugerville texas . pay my child support every month plus all kids ...

    Hilton’s Answer

    You need an attorney to review the Decree and see what the current status of ownership is. Did you have an attorney involved in the divorce? Were Deeds and such done as part of that? Are you referring to still being on the mortgage, or was the house and mortgage awarded to you?

    Please set up a conference with an attorney, and bring a copy of the documents from the divorce, in order to get this straightened out.

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  • How do I remove my name from a mortgage now that I am divorced?

    We were divorced a year and six months ago. We bought the house before we were married, so the judge couldn't make a ruling about it. Both names are on the mortgage. Ex-wife and son live in the house. Ex cannot afford house payments, so to keep ...

    Hilton’s Answer

    When unmarried folks own real estate, and one wants out, they would normally file a "Petition to Partition" that real estate, by dividing it or selling it and dividing the proceeds. In the case of a single family home, it would be the sale route. It is really no different than if you and I co-owned real estate, and one of us wanted out.
    You will need an attorney to help you do this.

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