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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 17890
Experience:  B.A.; M.B.A.; J.D.
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Customer Question

my wife left the residence 3 years ago has not returned,, she resides with another man and has from the very day she left,,her reasoning for leaving was that she needed to see if she was truly in love with this man,, evidently she is,,,,my question is ,,,i still reside in the home but it is in both our names and i will be filing for divorce within the next month,, can i file abandonment and what are the chances that she would still recieve a portion of the proceeds?
Submitted: 4 years ago.
Category: Family Law
Expert:  Phillips Esq. replied 4 years ago.
Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.



Question: my wife left the residence 3 years ago has not returned,, she resides with another man and has from the very day she left,,her reasoning for leaving was that she needed to see if she was truly in love with this man,, evidently she is,,,,my question is ,,,i still reside in the home but it is in both our names and i will be filing for divorce within the next month,, can i file abandonment


Response 1: Yes, you can since she left the marital home more than a year ago. See Texas Family Code Title 1 Chapter 6 Section 6.005:


http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.6.htm#6.005


and what are the chances that she would still recieve a portion of the proceeds?


Response 2: Unfortunately, her chances are very good. Marital misconduct is not taken into consideration with division of community property. However, marital misconduct is taken into consideration when the Court is deciding whether a spouse would be awarded alimony. See Texas Family Code Title 1 Chapter 7 Sections 7.001 to 7.004, and Chapter 8 Sections 8.051 through 8.056


http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.8.htm#8.051

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