Does a Post-Separation Relationship Affect Division of the Marital Estate
My question involves a marriage in the state of: TX
I filed for Divorce in March 2013 and as per the papers we were separated since Sep 2012, but moved out of the house in April 2013, after filing of Divorce. I started seeing someone from June 2013, after I had moved out of the house! We have stayed together for a few days as well. The Divorce has still not been finalized though, because of delaying tactics of my ex. I want to go for trial and seek an equitable distribution of assets, including a house that is fully paid off - through my income!
I want to know what impact would my dating have on the Distribution of the Assets? Am I looking at 50-50, 55-45, or 60-40... or even worse? And, why?
Also, what can I do to help my case?
Re: Impact of Asset Division from Dating Before Finalization of Divorce
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dkaps01
My question involves a marriage in the state of: TX
I filed for Divorce in March 2013 and as per the papers we were separated since Sep 2012, but moved out of the house in April 2013, after filing of Divorce. I started seeing someone from June 2013, after I had moved out of the house! We have stayed together for a few days as well. The Divorce has still not been finalized though, because of delaying tactics of my ex. I want to go for trial and seek an equitable distribution of assets, including a house that is fully paid off - through my income!
I want to know what impact would my dating have on the Distribution of the Assets? Am I looking at 50-50, 55-45, or 60-40... or even worse? And, why?
Also, what can I do to help my case?
It would be improper for the court to consider your post-separation/filing social life as adversely affecting your proportionate share of distribution. But there could be other influencing circumstances not revealed here.
For that reason - plus the fact that other half is already giving you a hard time - plus that fact that there is a marital home involved, it is best that you consult with a family attorney.
You may think that you are as capable of representing yourself as would be an experienced family law attorney, but with a marital home in the mix you are only fooling yourself.
Just as an example with regard to the home, which regardless of whose earnings paid for it is obviously community property and even more obvious is the fact that it can't be split in halves. So, what are your intentions, that is what have you pleaded in your petition as to how it is to be treated in the decree? Ordered to be sold and the proceeds divided? An appraisal ordered" Who pays for it?
If ordered to be sold, what if it sits on the market for some extend length of time? What if the two of you cannot agree to terms of sale? Want to spend more months/years in court? Being in each others face seldom means seeing eye-to-eye!
If ordered to be sold, who will be entitled to its use pending a sale? Who will be responsible for taxes and insurance, maintenance, storm damage, structural integrity/repair? Will the person in possession be accountable for rental value? How much?
If ordered to be sold, will you be asking the court to retain jurisdiction to monitor compliance with the order?
Also, if you make the mistake of allowing the home to go undistributed, (which frequently happens especially in pro se divorce cases) THEN you will enter the legal nightmare of cotenancy or joint ownership where neither can do anything with the home - sell, rent, lease - without the other's written consent; leaving the only avenue of escape a court order that the home be sold at a public auction.
No one enjoys paying a lawyer, but in your case it might be money well, even if begrudgingly, spent.
Good luck