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Christopher B, Esq.
Christopher B, Esq., Lawyer
Category: Family Law
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Experience:  associate attorney
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Married 40 years in the state of Texas. Husband wants a

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Married 40 years in the state of Texas. Husband wants a divorce.. For two years are better he has been see another woman. Live on 60 acreas his
received on his mothers death. I have worked fence, worked cattle, help plant crops and trees, kept house and have birth 2 children The children are grown, now. He says that I get nothing but 1/2 of the bank account, my clothes, and 1/2any house whole goods I want. What can I do? Is this right?,
Submitted: 3 months ago.
Category: Family Law
Expert:  Christopher B, Esq. replied 3 months ago.

My name is ***** ***** I will be helping you today. Thank you for your question and for using justanswer.com. Give me a bit and I will draft you an answer.

Expert:  Christopher B, Esq. replied 3 months ago.

This is incorrect. Texas is a community property state and most everything earned or received during marriage will be considered community property and will be divided equally upon divorce. You husband sounds like he is trying to scare you and say that you will get nothing. The court will award you your rightful portion of your marital assets and he will not be able to take all of the funds in marital bank accounts, your clothes, household goods, etc. Division of property does not necessarily mean a physical division. Rather, the court awards each spouse a percentage of the total value of the property. (It is illegal for either spouse to hide assets in order to shield them from property division.) Each spouse gets items whose worth adds up to his or her percentage.

Community property includes all earnings during marriage and everything acquired with those earnings. All debts incurred during marriage, unless the creditor was specifically looking to the separate property of one spouse for payment, are community property debts. Separate property of one spouse includes gifts and inheritances given just to that spouse (the 60 acres you described could be considered separate property depending on if this land was used as the marital domicile as it could have been converted to community property but this will have to be decided by the court), personal injury awards received by that spouse, and the proceeds of a pension that vested (that is, the pensioner became legally entitled to receive it) before marriage. Property purchased with the separate funds of a spouse remain that spouse's separate property. A business owned by one spouse before the marriage remains his or her separate property during the marriage, although a portion of it may be considered community property if the business increased in value during the marriage or both spouses worked at it. So to answer your question, no, your husband is incorrect you will get your rightful portion of the marital property and should retain an attorney ASAP to defend your rights and make sure your husband does not try to bully you. Rest easy you will not be left with nothing.

Please let me know if you have any further questions and please positively rate my answer if satisfied. There should be smiley faces or numbers from 1-5 to choose from. This extra step will cost you nothing extra and will be greatly appreciated.

Expert:  Christopher B, Esq. replied 2 months ago.

Just checking back in, do you have any further questions?

Expert:  Christopher B, Esq. replied 2 months ago.

Just checking back in, do you have any further questions?

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