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socrateaser
socrateaser, Lawyer
Category: Family Law
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Experience:  Retired (mostly)
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In Texas, if I file for divorce while my wife is out of state

Customer Question

In Texas, if I file for divorce while my wife is out of state staying with her boyfriend, will I be able to keep the property that we are leasing. I am the only one that signed the lease.
Submitted: 4 years ago.
Category: Family Law
Expert:  socrateaser replied 4 years ago.
The lease is community property if it was entered into during marriage, even if your spouse is physically separated from you. However, more than likely the court would order the lease credited to your side of the property division, because it has no value to your spouse. Moreover, it's likely that your spouse wouldn't challenge your right to the lease -- unless we're talking about some sort of extraordinarily valuable property with unique characteristics (view, location, etc.).

Hope this helps.

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