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Lawmoe
Lawmoe, Family Law Attorney
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My daughter has been married for 4.5 years to a man whose father

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My daughter has been married for 4.5 years to a man whose father owns a lucrative small business. She hasn't worked for the last 2 years, but has received a paycheck from the company while attending nursing school. She was also provided a car and insurance and supported by her husband. She and her husband own a home together but have no children. He decided he wants a divorce and wants her to start paying half of the mortgage. She just started a job and has nothing. Her car and insurance has been taken back as well. Does she have any recourse in this situation? She lives in Texas.
Submitted: 4 years ago.
Category: Family Law
Expert:  Lawmoe replied 4 years ago.

Thank you for the post.

 

First, without a court order, there is nothing that requires her to start paying the mortgage. By the same token. there is nothing that requires her spouse to pay the mortgage or other debts either. As a result, it comesdown to a situation as to who blinks first.

 

Second, in any divorce, once the divorce petition is served and filed, a party can file a Motion for temporary relief, That hearing will occur rapidly and can determine who pays what debts or has access to what assets during the pendency of the divorce proceedings.

 

Third, a divorce court has no power over third parties. It cannot control what the spouse's parents offer or do. It cannot order them to pay her. It cannnot order them to provide her a vehicle. the court only has control over the parties, their assets and their financial resources.

 

 

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Customer: replied 4 years ago.

Does it make a difference that he lives in the house and she doesn't?

Also he has 2 additional vehicles that he purchased while they were married but put in his name only. Is there anything legally that would either allow or disallow her to drive one of the vehicles until she can purchase one of her own? He isn't allowing her to drive either unless she pays him half the monthly payment and provides a separate insurance policy.

Is this all just a matter of which one gets their way with no legal relevance until such time that a petition is filed and relief is sought?

Expert:  Lawmoe replied 4 years ago.

Again, without a court order, she has no obligation to pay the mortgage or any other debts. Once a court considers the matter, it is certainly far more likely that he would be required to pay the mortgage if he is living in the residence and she is not. That is particularly true given the financial situation described.

 

Once a court hears the matter, it can award to either party a vehicle owned by the parties. It is not necessary that the vehicle is titled in that person's name. Until there is a court order, the title holder is the presumed owner.

 

And Yes - it tends to be an ugly stand off until the court can rule on such temporary issues.

 

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Lawmoe, Family Law Attorney
Category: Family Law
Satisfied Customers: 2415
Experience: Family Law Lawyer for 19 years
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