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I'm looking to separate from my husband, I need to know if…

I'm looking to separate...

I'm looking to separate from my husband, I need to know if it will help me in a divorce settlement if I move out of the house temporarily

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

Nothing has been filed. We've talked about separation, but I am considering filing for divorce.

Lawyer's Assistant: Family law varies by state. What state are you in?

I am in Texas. Sorry, I searched for legal advice in Texas and thought maybe you were based in Texas

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

Not that I can think of. But this is brand new to me so I'm not sure what I should reveal.

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Answered in 2 minutes by:
3/27/2018
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,264
Experience: Attorney with experience in family law.
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

Texas is a community property state, so you're entitled to half the equity in the house, whether you move out or not. Leaving won't affect your stake at all. When you're looking at getting a settlement, it's really a question of what would make your spouse more agreeable. Are the two of you likely to be better able to reach an agreement if you have some physical space? Would your spouse be more likely to give you what you want if he's trying to also get you to move out and give him the house? Does your spouse even want the house? Those are all questions that you're in the best position to answer. If he's someone who might refuse to negotiate out of spite because he wants you to leave, moving out might help.

The judge won't consider who moved out when dividing property, though. You each get half of everything under community property laws, unless you're able to agree to someone else.

Have I answered your question? If any part of my response is unclear, please reply WITHOUT rating so I can clarify. My goal is to provide excellent service, so if I've done that, please give me a 5-star rating before signing out. Thank you for using JustAnswer.

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Customer reply replied 3 months ago
Does half of everything include inheritance? My dad created an account for me in Oklahoma that is in mine and my step mom's name. Is he entitled to half of that too?

No. Your inheritance is separate property unless you put it into a joint bank account with your husband. Tex. Family Code, Section 3.001.

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Customer reply replied 3 months ago
Thank you. I am not in a position to talk right now. If there is any glaring concern that a woman should have in the situation, please let me know so I can start to prepare for that. The only one child left at home is 17 years old.

You're welcome.

It could be easier to get custody of the 17-year-old if you either remain in the home until you have a custody agreement or if you take them with you. However, at 17, the judge will place a lot of importance on where the child wants to live. That's the only concern I can think of.

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Customer reply replied 3 months ago
Thanks

You're welcome.

Please rate my service positively, as this is the only way that I get paid for the time spent answering your questions. Thank you.

Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,264
Experience: Attorney with experience in family law.
Verified
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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.

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