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Ask Maverick Your Own Question
Maverick, Lawyer
Category: Family Law
Satisfied Customers: 5751
Experience:  20 years of professional experience
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I want to file a divorce. I recently buy a house and open a

Customer Question

Hello, I want to file a divorce. I recently buy a house and open a dental office for almost 4 yaers , i am the only one that works, my husband does not want to work. I was wondering if I file a divorce what is going to happen to my dental office and my hous .we do not have any kids. My husband has two kids from his previous marriage.they are older that 18
Submitted: 2 months ago.
Category: Family Law
Expert:  Maverick replied 2 months ago.

What state are you located in?

Customer: replied 2 months ago.
Expert:  Maverick replied 2 months ago.

Texas is a community property state. Under Texas law, if you have any equity in the house, it will get divided 50-50. So, say our mortgage is 100k and your house is worth 150k, then you and your husband would both be entitled to 25k. Or, you would work out a deal that reflect that value being given to each spouse.

The same hold true for any other assets that you two acquired while married. If your dental office is opened after marriage and is worth 200k, he would be entitled to 1/2 of that. You would be entitled to half of his assets as well.

Customer: replied 2 months ago.
Even when my husband did not have any income? What about my saving account?
Expert:  Maverick replied 2 months ago.

Any savings account that you opened before marriage and kept separate is your separate property.

If you opened a saving account after getting married it is considered marital property even if he did not have any income while the two of you were married. Here is the Texas law that explains the difference between community property and separate property.

If your husband rarely worked during your marriage, then that may be a basis for the court to create an unequal division of the assets. Under TX law, the court has discretion to distribute the community property in whatever way it believes is fair, but there must be a reasonable basis for a distribution that's not equal.

Customer: replied 2 months ago.
My husband has alot of property outside Usa that he got after our marriage, what will happen to those properties?
Expert:  Maverick replied 2 months ago.

The court will likely ask him to offset the value of those against the value of yours so as to achieve a balance. For example, if your dentist office is worth 100k and his overseas properties are worth 100k, then you would be able to keep your dentist office and he his overseas properties.

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