If my husband obtains property while we are seperated, can this property be considered in the divorce?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 11 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.  


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption