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  1. #1
    Join Date
    Apr 2009
    Posts
    3

    Question Texas Divorce, Can I Keep House

    My question involves divorce in the State of: TEXAS

    My husband and I have been married 7yrs and moved to TX from another state over a year ago for a new job. We have 3 children; one mine-14, one his-8, and one ours-4. We purchased a house. Only his name is on the mortgage and we are both on the deed. I have been a stay at home mom for about 2 yrs and the primary caregiver for the children the duration of our marriage.He works 40-80 hrs a week.

    Last week (completely out of the blue) I got the "I love you, but I'm not IN love with you" speech. He says he's going through a change and he wants a divorce. He denies adultery at this time, but wants freedom to pursue other "options". He told me to find a new place to live with my 2 children by the end of the school year. We are both still living in the home, but he has spent 5 of the last 9 nights somewhere else. He has also started drinking almost everyday and hadn't touched alcohol the entire time we've been married.

    I have currently have no income, but am looking for work and plan to enrol in online courses to get a degree. I have minimal work skills and will need financial assistance of many kinds to get on my feet. He is also claiming his income will be decreasing from over 80K down to 50K, so child support will not have a great impact. We both had poor credit when we met, but he has been correcting his and not mine. I don't think I could get the mortgage in my name. Bottom line- I cannot afford to move out and support my children, but can't afford the mortgage alone either. He has offered to keep the kids and let me just support myself. This is not an option for me. I will not give up my kids, ESPECIALLY with his work schedule, his drinking, and complete change in character.

    Do I have ANY options to stay in the home with my children?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Texas Divorce, Can I Keep House

    Do I have ANY options to stay in the home with my children?
    You both own that house, he has no legal right to ask you to leave.

    You stay put until the court tells you to move out, and not a minute before. (And he ought not expect the court to tell you to move out unless he's able to prove that you are abusive, and a danger to yourself, him, and the children.)

    Who gets to live in the house during the divorce?

    If children are involved, the parent who spends the most time with the kids, or provides their primary care, usually remains in the marital home with them. If you don't have children and the house is the separate property of just one spouse, that spouse has the legal right to ask the other to leave.

    If, however, you don't have children and you own the house together, this question gets tricky. Neither of you has a legal right to kick the other out. You can request that the other person leave, but he or she doesn't have to. If your spouse changes the locks, or somehow prevents you from entering the home, you can call the police. The police will probably direct your spouse to open the door. When you both own the home, the only time you can get your spouse to leave is if domestic violence has been committed and a judge grants a restraining order.


    http://www.divorcelawtexas.com/txpag...debt%20div.asp
    (Read the rest of the page as well, it discusses division of property.)

  3. #3
    Join Date
    Apr 2009
    Posts
    3

    Default Re: Texas Divorce, Can I Keep House

    Isn't that just until the divorce is final? Any idea about long term?

  4. #4
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Texas Divorce, Can I Keep House

    No one can make predictions for you. As is noted on the page I suggested you read, who retains the home - or if it is to be sold - is determined on a case by case basis by the court.

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