Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

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.

Show More
Show Less
Ask Your Own Family Law Question
Answered in 8 hours by:
3/27/2018
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 22,717
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.

Ask Your Own Family Law Question

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: 22,717
Experience: B.A.; M.B.A.; J.D.
Verified
Phillips Esq. and 87 other Family Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Phillips Esq. Your Own Question
Phillips Esq.
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 22,717
22,717 Satisfied Customers
Experience: B.A.; M.B.A.; J.D.

Phillips Esq. 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

11,971 satisfied customers

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

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 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.

P. Simmons

P. Simmons

Lawyer

3,624 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,607 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

3,019 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
My husband and his boss at his job where having a affair and
My husband and his boss at his job where having a affair and she was fired but now she has been coming around my house when I'm not here and both of them taking my daughter to school... we both are st… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Friend recently found out that husband was having an affair
Friend recently found out that husband was having an affair after 22 years of marriage. She is willing to forgive but he has decided that he doesn't want to work things out. They recently built a hous… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My same sex wife purchased a home after out marriage &
My same sex wife purchased a home after out marriage & signed as "a single woman" which she was not. Now we're facing a divorce. I had left my home & all of our possessions & furniture because she wan… read more
Thomas Swartz
Thomas Swartz
Attorney
Juris Doctor
2,898 satisfied customers
Our son who is an attorney with a family of three children
Our son who is an attorney with a family of three children seems to have lost his mind. He started an affair with a married woman in his office ... both were fired and he refuses to leave the marital … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
My question pertains to intiating a divorce. I reside in Fl.
Good afternoon, my question pertains to intiating a divorce. I reside in Fl. & married 33 yrs. I'm retired military drawing a pension and currently working for government. My wife has an ongoing affai… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
My niece green card holder married another green card holder
My niece green card holder married another green card holder who now wish to divorce my niece,by asking her to stay out of their joint house and demanding 50% of her assets,is it legal… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
I have a friend that has been married for 15 years. She is
I have a friend that has been married for 15 years. She is in the middle of putting her father in Hospice - he has cancer. Her husband came to her last week and said he wants a divorce. She has two ch… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
Based on same topic we have been discussing regarding the
Based on same topic we have been discussing regarding the divorce in Virginia. Wife moved to another state on Aug 4 entirely of her own volition and is now saying the husband has taken away the house.… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
My sister recently became addicted to meth. Since my neices
My sister recently became addicted to meth. Since my neices birth my sister and neice have lived with my parents. My parents have been her primary caregivers the past months. My parents filed for an e… read more
Help4Health
Help4Health
Attorney and Counselor at Law
Doctor of Jurisprudence
31 satisfied customers
I have been married for 24 years. I lived in state of South
I have been married for 24 years. I lived in state of South Dakota, where my wife now still resides. I legally separated from my wife in March 2012. I admitted having an affair for 2 years and giving … read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I just finished mediation with my ex- gf ! She cllaimed we
I just finished mediation with my ex- gf ! She cllaimed we were commonl law married tricked me into thinking she non suited case and got default judgment! In day of mediation , I was told if I give he… read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,404 satisfied customers
hi, i live in pa. my wife caught me in adultry and i admitted
hi, i live in pa. my wife caught me in adultry and i admitted it. She wants to sue the other party in divorce . I don't think pa allows this but can she get more than 50/50 in a divorce do to adultrer… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I live in Prince Georges County, MD. I filed for divorce October
I live in Prince George's County, MD. I filed for divorce October 2010. My husband was still living in my house (that I owned since March 2000). I "evicted" him in April 2011. He in turn broke into my… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
My husband is having an affair but he refuses to move out.
My husband is having an affair but he refuses to move out. I do not own the house we live in - he does. we have two kids ages 10 and 12. Can I change the locks and or kick him out somehow? I can prove… read more
Joseph
Joseph
Attorney
Doctoral Degree
7,245 satisfied customers
Question: Let me start from the top. My sister inlaw has some
Question: Let me start from the top. My sister inlaw has some medical issues, she suffers from depression. She was hospitalized last month. While in the hospital for about 4 days and having her meds a… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Again regarding division of assets I can see the home value
Again regarding division of assets: I can see the home value and value of it's contents being divided. As in first question if husband purchased home in 1980 and furnished it prior to marriage. Is tha… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I am currently going through a divorce and my wife is holding
I am currently going through a divorce and my wife is holding the marital property hostage. I went to pick up the ATV and upon arrival, she verbally assaulted me, pushed me several times, threatened m… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
My husband of 30 years left me for his lover six weeks after
My husband of 30 years left me for his lover six weeks after they began the affair. She left her lover at the same time. They immediately started cohabiting, leased a house, bought furniture, are eati… read more
Daniel Solutions
Daniel Solutions
Doctoral Degree
5,212 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