Questions about divorce in Texas (moved from Houston forum) (Center: real estate, 2013) - (TX) - City-Data Forum

Worried2003 · 09-04-2008, 04:23 AM

My husband and I have been separated for over a year now. I lived in our marital home, and moved out three months ago. He wanted to move back in and basically harassed me until I moved. We have a 5 year old child. During the time I lived in the home he paid my car note and the mortgage. Both are in his name. We live in Texas. My husband never allowed me to be involved or even have my name on anything financial during our marriage. We had no joint bank account ever. When he left me he told me he would pay for the car and the mortgage, and help support our child. He did everything but help with child support. I filed for divorce last summer, he has done everything in his power to put the divorce off. Up until now. Since I moved he has become very angry and verbally abusive.
I have been told, and this may not be true, that anything he paid while I lived in the home was a gift and can't be counted as child support. Is this true?
I worked a very low paying job and struggled to take care of our child. This man made triple what I made. He is now sending me small amounts of money in the form of a check, and is putting child support in the memo section. I plan on asking for back child support when we finally go to court.
I don't know Texas law, I am not an attorney. My attorney was cheap and doesn't seem to care or want to answer any of my questions. I recently lost my job and am having a difficult time finding another one.
I just want to know what my rights are, and what is considered to be a "gift".
Thank You.

Poltracker · 09-04-2008, 05:55 AM

First, get a decent attorney. If you do not have funds, the South Texas School of Law and UH Law Center has programs for folks that can help you. So do a few other programs. Have you been legally separated? If you have, there should be a written agreement about child support and your support in the interim. If there are no agreements and you are legally married...well, Texas is a community property state and technically anything he makes (and owes for that matter) is probably half yours regardless of whose name is on it unless he owned it before you were married and no marital assets have helped pay for it. Don't take my wod for anything...get a good attorney on this ASAP and if you stick with your current attorney, make him answer your questions. Also, google the state laws of Texas and read them.

EasilyAmused · 09-04-2008, 07:20 AM

HALF.

Sometimes you can get away with HALF of what you earned after the marriage. Assets that you had before you walked down the aisle are yours.

Texas is very serious about child support.

jimboburnsy · 09-04-2008, 07:30 AM

Quote:

Originally Posted by Poltracker

First, get a decent attorney. If you do not have funds, the South Texas School of Law and UH Law Center has programs for folks that can help you. So do a few other programs. Have you been legally separated? If you have, there should be a written agreement about child support and your support in the interim. If there are no agreements and you are legally married...well, Texas is a community property state and technically anything he makes (and owes for that matter) is probably half yours regardless of whose name is on it unless he owned it before you were married and no marital assets have helped pay for it. Don't take my wod for anything...get a good attorney on this ASAP and if you stick with your current attorney, make him answer your questions. Also, google the state laws of Texas and read them.

That's not necessarily true. If he has bank accounts that are entirely separate from yours (i.e. you can't write checks out of his account) he may be able to make a case that his money has been maintained as separate and paraphernal. The house is probably different. Regardless of who's name is on the mortgage it will be difficult to argue that it has been solely his, particularly if he moved out and you were living there during a separation. He's probably been harassing you to move out under legal advisement and may be trying to build a case that the house is his when the divorce is final. If you haven't consulted with an attorney, you need to right away and he needs to have the whole picture.

sbhubbell · 09-04-2008, 07:44 AM

Yep I was told by my real estate agent at settlement that it doesn't matter whose name is on the house and who is paying the mortgage, Texas is a community property state so at the very least the house is just as much yours as his. I was surprised by that since Pennsylvania is not that way.

oceangaia · 09-04-2008, 07:47 AM

If you're not yet divorced, you are married. Anything earned or acquired during the marriage up to the point of the divorce is community property. The courts will not respect "separate accounts" unless those accounts existed or were funded with separate property (i.e. prenuptial assets, inheritances, etc.).

You need to get a good attorney. If you have no money for one you can get a court order for him to pay for it. You need to get a support and maintenance order in place immediately.

You probably shouldn't have moved out of the house because it will be hard for you to get another one without his credit and income backing the loan. However, if you feel he is potentially violent or threatening, protecting yourself and your kid takes precedence.

oceangaia · 09-04-2008, 07:50 AM

Quote:

Originally Posted by sbhubbell

Yep I was told by my real estate agent at settlement that it doesn't matter whose name is on the house and who is paying the mortgage, Texas is a community property state so at the very least the house is just as much yours as his. I was surprised by that since Pennsylvania is not that way.

True, but you can't "split" a house and you can't share "joint custody" of a house. The house can be awarded to one party with that party buying out the shared equity from the other, or the house can be sold with the equity split between both parties. The problem is often that there is little equity, especially in collapsed housing markets.

sbhubbell · 09-04-2008, 08:18 AM

I understand but at least it is designed to be equitable, especially in the case where the husband pays the mortgage and the wife is a SAHM for example. In PA it's not like that and I've since too many women kicked to the curb with nothing but child support.

Beto · 09-04-2008, 09:22 AM

That is correct.

Quote:

Originally Posted by sbhubbell

Yep I was told by my real estate agent at settlement that it doesn't matter whose name is on the house and who is paying the mortgage, Texas is a community property state so at the very least the house is just as much yours as his. I was surprised by that since Pennsylvania is not that way.

chris_ut · 09-04-2008, 09:42 AM

I was told that Texas does not have alimony and the husband only needs to provide spousal support if the wife had not worked for several years (5+?) prior to the divorce, so I think you are only entitled to your 1/2 community property (keep in mind you are also responsible for 1/2 of any debts owed) plus child support. Of course you need to verify all this with an attorney.