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What chances do i have if my husband wants the house and i don't?

Dallas, TX |

Me and my husband went to mediation for a partial agreement, we have to go to trial, he wants the house and i don't, its under both of our names, i want him to give me the rest of community properties and pay my car note for 2 years if he wants the house, it doesn't have any equity in it, what chances do i have or what can i do

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Attorney answers 2

Posted

It is impossible to tell you whether or not what you want is reasonable, but if as you say, the house you believe should be awarded to your husband truly has no equity in it, it is hard to understand why you should be awarded all of the other community property. Since mediation did not result in a settlement and you are headed for trial, the Court will be making a "just and right" division of your community property, which may or may not turn out the way you think it should. If you do not already have a lawyer, I urge you to get one before trial. Good luck to you.

Howard M Lewis

Howard M Lewis

Posted

Always great counsel

Barbara Lynch Schnack

Barbara Lynch Schnack

Posted

Thanks!

Posted

I am sorry that you are going through this. You should be able t agree to whatever you want and as long as it is equtable and as my collegue referred to it is "just and right" the court should accept your agreeement. Take care.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

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