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married 45 yrs, live in TEXAS husband, age 65..........wife,

 
 
 

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married 45 yrs, live in TEXAS
husband, age 65..........wife, age 63...both are retired

husband has moved in with his girlfriend, and advised wife he does not want a divorce...just leave everything as is.... joint accts, joint assets, etc.
wife is in poor health, but not beddridden or totally disabled

my question is... should wife request legal separation and equal division of assets now so that in the event of her death, husband would not receive all assets to share with new "wife" and old wife can leave her assets to her child and grandchild...both adults.
Thanks,
cg

Submitted: 1005 days and 7 hours ago.
Category: Legal
Status: CLOSED
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Optional Information

State/Country relating to Question: Texas

Already Tried:
Have tried nothing so far... was advised only today of entire plan, was aware husband has been seeing someone for a long time... he did not volunteer that info until asked.

we live in Fort Bend, County, TEXAS

 
 
 
 
 
 

Accepted Answer

Yes the wife should seek a divorce, otherwise the wife's assets would automatically pass to the husband, which is likely why the husband wants to remain married legally, but with his girlfriend in fact.

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Expert: MShore
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Answered: 8/23/2009

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Negotiate, Draft, and Review many complex commercial agreements each year.

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1005 days and 7 hours ago.

Customer Reply


Thanks much for your help. I appreciate and accept your answer. R Holloman. That's what I thought, but I wasn't for sure. I am out of town until Sunday, but will contact a lawyer next Monday, THEN , I will discuss with my husband.

Do you know anyone you could reccommend to me. I'm sure husband will have an excellent legal advisor. He worked for a large oil company for 35 yrs, and knows many more people than I do.

Sincerely,
Carol (Customer)

 
 
 

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