If my husband obtains property while we are seperated, can this property be considered in the divorce?
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If my husband obtains property while we are seperated, can this property be considered in the divorce?
Married for 4 years and a few months, he moved to Lousiana for work purposes pretending that after a year we would join him (me and my two kid) but continued to pay bills until o1/10. Attempted to reconcile in 07/10 but he continued to commit adultery like he had for most of the marriage (and continues to do so). I believe that he is trying to obtain a loan to purchase a house. We have no kids together but can he just walk away? Am I entitled to his retirement? Home purchased before marriage in my name but am having to sell because I can’t afford it any longer.
Asked on August 11, 2010 under Family Law, Texas
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
It is time for you to consult with an attorney in your area. When the parties to a marriage decide to call it quits, the property of the marriage is split depending on a number of factors. First, Texas is a Community Property State. That means that everything that is deemed to be community property - purchased during the marriage or determined to be a marital asset based upon a number of factors that the court uses - is split 50/50. Although you say that you are separated you are only separated by distance because of work and not legally. That is the stand that you should take. So until he filed for divorce or legal separation if that is permitted in your state he is using marital money to purchase the house. And just because it is not in your name does not necessarily mean that it is his alone. Or yours alone. Also be careful because Louisiana uses a set of laws known as the Napoleonic Code and they are not written favorably to women. But take the stance that he is a resident of Texas and the marriage and divorce are governed by Texas Law. Good luck.
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