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My niece is in the middle of a divorce, her husband had been…

My niece is in...

My niece is in the middle of a divorce, her husband had been having an extra marital affair for over a year. He is now a father to be with the other person. My niece wants to keep the house since he left the home under the pretense that he needed time to figure things out. He never called or came by for over four months. All the while he was living with the woman until the day he was busted. They purchased the house just before they married with only his name on the paperwork. Since this is Texas a community Property state, does she have any chance of keeping the house ??

Lawyer's Assistant: What steps have been taken? Have any papers been filed in TX family court?

They’ve been to an initial court hearing, now, they 30 days to go through mediation to work it out. He’s fighting for the property and doesn’t want to meet her half way. Her lawyer said that he would probably get the home. She has been living there since marriage and because the judge has ordered her to surrender his firearms, he also placed the sole burden of all the house bills on her.

Lawyer's Assistant: Have they talked to a lawyer about this yet?

This was her lawyer telling her this. That he will most likely get the house.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That’s about it, I’m just trying to help my niece in any way I can.

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Answered in 8 hours by:
3/27/2018
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 21,352
Experience: B.A.; M.B.A.; J.D.
Verified

Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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I am so sorry to read about your niece's difficulties.

Kindly note that I just came across your post. I do not have control over the question list or the promises made to you by the site as to the response time. I am just a site user just like you. Nonetheless, I apologize for the delay in response to your post.

Kindly give me a few minutes to prepare my response.

Thank you for your patience.

Ask Your Own Family Law Question

My niece is in the middle of a divorce, her husband had been having an extra marital affair for over a year. He is now a father to be with the other person. My niece wants to keep the house since he left the home under the pretense that he needed time to figure things out. He never called or came by for over four months. All the while he was living with the woman until the day he was busted. They purchased the house just before they married with only his name on the paperwork. Since this is Texas a community Property state, does she have any chance of keeping the house ??

Response: If she did not contribute anything towards the purchase of the property, I am afraid that the property would be considered a separate property of her husband because it was purchased before the marriage in his name only, unfortunately. The property would not be a marital property. So, if she does not have any evidence of paying part of the purchase price, her husband would keep the property, if he does not want to part with it. So, I have to agree with her Attorney that she would probably lose the house to her husband under the circumstances.

I am sorry that I do not have better news for you. However, as an Attorney and an Officer of the Court, I have ethical and professional obligation to provide you with accurate and honest information eventhough that information may not be in your favor.

Best wishes,

A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site.

Thank you for your cooperation.

Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 21,352
Experience: B.A.; M.B.A.; J.D.
Verified
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Phillips Esq.
Phillips Esq.
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Category: Family Law
Satisfied Customers: 21,352
21,352 Satisfied Customers
Experience: B.A.; M.B.A.; J.D.

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