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FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 23956
Experience:  9 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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My husband and I have been married years and I

Customer Question

Hello, my husband and I have been married for 6 years and I have caught him cheating...I have 61 pages of text messages to prove it and I have spoke to the woman who is also married. Well, He left the country for work purposes last week. He told he was going to be in Africa, but was actually in Brazil. When I confronted him about it over the phone, he said that when he returned he was leaving. We have a 17 month old who we adopted from birth. I work contract, so my assignment can end at any time. He is the main bread winner and has been since we have been married. What can I do if he leaves us? We have a home but it is in my and my mother's name, but he signed a document stating that he would be responsible for her portion of the mortgage until we can refinance the home. He gave her $6000 to buy out her portion and signed a notarized document stating all the above. I cannot afford the mortgage on my own.
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.
Good morning. I am sorry to hear about what you discovered. Can you please share with me a little more about the situation with the home? When it was bought, why was it in your name and your mothers? Why was he never on the loan and is he on title to the home now? Also, this document which he signed, was this prepared by you and your mom or did an attorney do this? I am just trying to get a better understanding of what and how title is/was held and acquired.
Customer: replied 1 year ago.
OK...My mother and I bought the home in Dec of 2007. She and I are on the loan and deed. I met my husband in 2009 and we married the same year. My mother moved out. He paid her $6000 to per se buy her out. We could not refinance at the time because the IRS was on his back and still is for not filing taxes for 6 years. So he never got on the loan or deed. The three of us (my mother, my husband and myself) signed and agreement stating that until he able to refinance he is assuming her interest in the home. The agreement was notarized.
Expert:  FamilyAnswer replied 1 year ago.
Thank you for the additional information. If he leaves the the marriage, you will need to file for divorce. If there is a signed agreement in place, that obligates and requires him to continue to pay, as a result of him having a legal interest in the home, then it is enforceable and if he stops and fails to comply, he can be in breach. If he does not pay, argument could be made that he no longer maintains is legal interest. What typically would happen, is that a quit claim deed would have been executed, adding him to title to the home, with you and your mother. Since this did not happen and it is a separate agreement, it is a contract issue. If he refuses to pay, then you could sue him for the breach, as I shared above and make an argument during the divorce proceedings, that you should be awarded the home, since it was not a martial asset and he failed to comply with the written agreement, giving him an ownership interest, since it was conditioned upon him paying. It is going to get tricky, because he did give her money and bought her interest BUT you said it was on the condition that he would be responsible for her portion and if he fails to pay, then he would be breaking the agreement, which was a condition to the purchase price.
Customer: replied 1 year ago.
I do temp work right now. I have not had a steady job in 2 years. Could he be made to pay spousal maintenance because I cannot afford the home? His income maintained the home. His net income per month is $8700. He has a son in Mississippi that he pays $500 per month child support. he is 15 years old now.
Expert:  FamilyAnswer replied 1 year ago.
Thank you for the reply. Yes, you can certainly ask for support when you file for divorce. I have provided a link with the Texas code below, that shows you what you need to prove, for it to be awarded. http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.8.htm
Expert:  FamilyAnswer replied 1 year ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!
Customer: replied 1 year ago.
How does proof of adultery play into a divorce?
Expert:  FamilyAnswer replied 1 year ago.
It can be used as a ground/basis for divorce but it is not necessary. However, when dividing the martial assets, if you can show he used money on this other women, which should have been place into a joint account, you could try and claim a bigger share, if he was using that martial money on her.
Expert:  FamilyAnswer replied 1 year ago.
Just wanted to see if you were still online, with me?