Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

Daughter getting a divorce in Texas, as of Feb 2015 separation.

Customer Question
Daughter getting a divorce in...
Daughter getting a divorce in Texas, as of Feb 2015 separation. They have been married 10 years. Husband said she gets the truck, 2002 Silverado (that I just paid 900 to have brakes and tires put on it) and he gets the house (according to him).
They have two kids, 8 and 4. They are having joint custody but he wants primary so she can't take them to WA state (where her family lives) without his permission. He said it is for his reassurance, even though she would never do that to him, other than for a vacation to see grandma.
The house was a "shell" they bought 3 years ago, and moved on to land they are buying from his step dad. (his mother is recently deceased). Since they filed the papers, he said he is "letting" her live there (his words), and only gives her $25 a week for gas. He now expects her to look for a job, (she has been a stay a home mom per his request for the past 5 years) and still pick the kids up from school/daycare by 2:30 and 4pm.
Questions are: Doesn't she have a legal right to half the house...even if he lives there for 30 years? Can he MAKE her move out of the house? Isn't he still financially responsible for her until she can get a job and an place to live?
She is in Texas with no relatives of her own. I am trying to assist her from Wa state.
Thank you.
Submitted: 2 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 3 minutes by:
6/15/2015
Family Lawyer: Samuel II, Attorney at Law replied 2 years ago
Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27,011
Experience: General practice of law with emphasis in family law.
Verified
Hello
This is Samuel and I will discuss this and provide you information in this regard
I need a little clarification, however
1 - He owned the house prior to their marriage?
2 - She has been a stay at home Mom?
3 - Does she have any education or skills that will allow her to obtain employment ?
Thank you for your patience while I get clear on the facts.
Ask Your Own Family Law Question
Customer reply replied 2 years ago
No, they have been married for 10 years. They just bought the shell of the house 3 years ago. He (& my daughter)t has been doing the work on the house themselves. He is a DIY project. She always worked before they had kids, then she stayed home to raise the kids. Plus daycare would have taken her whole paycheck. She has no formal education. She was promoted up to Head cashier at Home Depot and employee of the month, back when she work up to the 81/2th month of her first pregnancy, 8 years ago. She is looking to go to work at Home Depot or a bank etc...but he works a fulltime job, Monday thru Friday (sometimes Saturday too) 7 to 5:30, so the responsibility of the kids are on her. The 8 yr. old just got out school and is doing a summer school reading program and has to be picked up by 2:30. The 4 yr. old was just recently put in daycare, so she could look for work. But It is hard to get hired when you have to pick a kid up at 2:30. Their divorce is suppose to be finalized next week! It was filed as uncontested, and my daughter had to go along with it, as he won't let her take the kids to see me July 7th. A trip that was previously planned and he bought the plane tickets. I have not seen the kids nor my daughter for 3 years. It kept getting postponed due to his mothers passing and the house building.
Family Lawyer: Samuel II, Attorney at Law replied 2 years ago
Hello
Thank you
Texas is a Community Property state and anything they buy while married is shared 50/50 and he cannot simply throw her out of her home.
And he cannot tell her to go get a job. And I suggest she not do that now.
Also, she can file for sole custody and temporary use and possession of the home and also temporary spousal support and child support. He cannot simply throw her out. She should not leave the home and she should be filing in court at this time to have him removed with those temporary orders.
I suggest she does not want to get a job at this time.
Please let me know what other questions you have
Thank you
Ask Your Own Family Law Question
Customer reply replied 2 years ago
Is there anyway we can talk on the phone?
Family Lawyer: Samuel II, Attorney at Law replied 2 years ago
I do not participate in the phone calls offered by this site
Ask Your Own Family Law Question
Family Lawyer: Samuel II, Attorney at Law replied 2 years ago
It seems as though he has forced her into agreeing to the divorce. And she really should consult with a local attorney to have this Uncontested divorce stopped at this time, based on his duress.
Ask Your Own Family Law Question
Family Lawyer: Samuel II, Attorney at Law replied 2 years ago
She should not sign anything else at this time. If she wants that house, she can get it, at least on the temporary basis. And in addition she can travel with the children on vacation. I suggest, she can have the divorce stopped because he is putting her under duress. But she needs to have a local attorney. She should be getting spousal support, child support, part of the house. He sounds like a bully and if she cannot afford a private attorney, I suggest, she contact Legal Aid in her county and they can help her.
Ask Your Own Family Law Question
Family Lawyer: Samuel II, Attorney at Law replied 2 years ago
She is entitled to 50 % of whatever equity is in the home.
Ask Your Own Family Law Question
Family Lawyer: Samuel II, Attorney at Law replied 2 years ago
Here is a LINK you can click on to get information on Texas Legal Aid
Ask Your Own Family Law Question
Customer reply replied 2 years ago
She lives in a very small town, not a lot of lawyers available. That is why I am doing this. Are you licensed in Texas?
Family Lawyer: Samuel II, Attorney at Law replied 2 years ago
HelloThank you. Professionals on this site are precluded from representing customers on this siteI suggest you use this LINK And see if there is a legal clinic nearby in her county. Her husband is taking advanage of her and if she does not get a consultation with an attorney nearby, he could take her for everything. Try the legal aid law clinics.
Ask Your Own Family Law Question
Family Lawyer: Samuel II, Attorney at Law replied 2 years ago
There are also HOTLINES she can call Austin Bar AssociationThe Austin Bar Association offers its LegalLine on the 1st Tuesday of each month from 5:30 p.m. to 7:30 p.m. The phone number to call is(###) ###-####Dallas Bar AssociationThe Dallas Bar Association offers its LegalLine on the 2nd and 3rd Wednesday of each month from 5:30 p.m. to 8 p.m. The phone number to call is(###) ###-####Houston Bar AssociationThe Houston Bar Association offers its LegalLine on the 1st and 3rd Wednesday of each month from 5 p.m. to 9 p.m. The phone number to call is(###) ###-#### ***** service is also offered in Spanish on the 1st Thursday of each month from 6 p.m. to 8 p.m. at the same phone number.Tarrant County Bar AssociationThe Tarrant County Bar Association offers its LegalLine on the 2nd and 4th Thursday of each month from 6 p.m. to 8 p.m. The phone number to call is(###) ###-####
Ask Your Own Family Law Question
Family Lawyer: Samuel II, Attorney at Law replied 2 years ago
And they can help her find a Pro bono attorney or an attorney nearby who will be able to stop this uncontested divorce and get her on the right track. OR find an attorney who will be willing to work out a payment plan and the husband could be responsible for those fees.
Ask Your Own Family Law Question
Ask Samuel II Your Own Question
Samuel II
Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27,011
27,011 Satisfied Customers
Experience: General practice of law with emphasis in family law.

Samuel II is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
I got divorced in 2006. 2 kids. Joint custody. Each claiming
I got divorced in 2006. 2 kids. Joint custody. Each claiming a kid on taxes per decree. The child my ex was able to claim has always lived with me and I am paying for her college. She turned 18 on Jun… read more
LegalGems
LegalGems
Juris Doctorate
10,728 satisfied customers
In a divorce, does community property always get granted
In a divorce, does community property always get granted when it's a business that was started with no help or financial help from the spouse?… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
NY.....joint custody but physical custody with mom....dad in
Hello, NY.....joint custody but physical custody with mom....dad in VA. Mom decides to homeschool without telling dad, which he is failing. Dad called the school 3 months ago as the mom stated a psych… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,972 satisfied customers
I just spoke to you regarding spousal support in Ohio. It's
I just spoke to you regarding spousal support in Ohio. It's asking for more money and I have a Me membership.… read more
Ray
Ray
Lawyer
Doctoral Degree
30,914 satisfied customers
I have a child support case tomorrow, the mother lost
I have a child support case tomorrow, the mother lost custody to the grandparents due to hard drugs. Grandparents have guardianship of my son, a hold was put on payments to stop from use of drugs. Gua… read more
Amber E.
Amber E.
Lawyer
Doctoral Degree
1,429 satisfied customers
If a business came into marriage is it part of the divorce
If a business came into marriage is it part of the divorce ownership n name never changed at marriage … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,440 satisfied customers
I received temporary orders for child custody here in
good morning. i received temporary orders for child custody here in nebraska. i have the order for you to look at. it says temporary removal of minor child to tennessee is denied. it goes on to say my… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,198 satisfied customers
Spousal support in Maryland can be modified for a number of
Spousal support in Maryland can be modified for a number of factors including "substantial" increase or decrease in income. What is considered substantial?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,914 satisfied customers
I filed a spousal support giving up my rights and now I
I filed a spousal support giving up my rights and now I don't want to give up my rights I wanted to do a cost of living raise. … read more
LegalGems
LegalGems
Juris Doctorate
10,728 satisfied customers
My daughter's husband has filed for sole custody of their
My daughter's husband has filed for sole custody of their children. Why would the courts give sole custody to one parent? … read more
Ray
Ray
Lawyer
Doctoral Degree
30,914 satisfied customers
How can the mother change joint custody to full custody? In
How can the mother change joint custody to full custody? In 2014 father and mother were incercarated, she got out in 2015 and the father doesn't get out until 2020. They weren't married but agreed on … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,704 satisfied customers
I need some spousal support advice for my divorce. Ca. No a
Hi Pearl, I need some spousal support advice for my divorce … read more
socrateaser
socrateaser
1,031 satisfied customers
I'm divorced with joint custody and rights to medical
I'm divorced with joint custody and rights to medical information. they live in another state. My ex sent our 6year old daughter to see a counselor regarding her behavior.. i would like to speak to th… read more
Ely
Ely
Counselor at Law
Juris Doctor
11,875 satisfied customers
HAVE QUESTIONS ABOUT DIVORCE/SEPARATION, SPOUSAL SUPPORT.
HAVE QUESTIONS ABOUT DIVORCE/SEPARATION, SPOUSAL SUPPORT … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,704 satisfied customers
I've been divorced since 1999, but spousal support stopped
I've been divorced since 1999, but spousal support stopped in 2000. Ex-husband worked as pilot for United Airlines. How can I claim this back support? I have not remarried. … read more
LegalGems
LegalGems
Juris Doctorate
10,728 satisfied customers
When does temporary spousal support end and spousal support
when does temporary spousal support end and spousal support begin. At my initial hearing I was ordered to pay $2000 per month of temporary spousal support. At the divorce hearing, the Judge ordered me… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Need advice with child support spousal support separation
Need advice with child support spousal support separation divorce questions … read more
Expert James
Expert James
Doctoral Degree
11,721 satisfied customers
Can I get child support and spousal support from my spouse
Can I get child support and spousal support from my spouse once we divorce because he cheated and made a baby with this other woman and left the home? … read more
Ray
Ray
Lawyer
Doctoral Degree
30,914 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x