What happens to the house in a divorce?

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What happens to the house in a divorce?

I want to divorce my husband for physical and psychological abuse (there’s are police records to prove that). We have 4 children he left us for almost 4 months but then came back because he says this is his house. How can I kick him out the house and get a divorce? Iwant to sell this it but he won’t let me he says he won’t let me leave. The house is in both of our names. I want to sell it and get all of it. Is that possible?

Asked on August 17, 2011 Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am so sorry for your situation for you and for the children.  You need to consult with an attorney in the area as soon as possible as to what your options are here.  You have many if he is abusive such as a restraining order, etc.  to keep him away from you.  As for the house, Texas is a community property state meaning that marital assets are split 50/50.  Can you request that the asset be sold?  Yes, you can.  Can he oppose it?  Yes, he can.  The problem is if he chooses to buy you out but does not refinance the mortgage you are still liable under the mortgage so try and avoid this path.  Again, please get help.  Good luck. 


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