Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I'm separated and have been for about 4 years my wife and…

I'm separated and have...

I'm separated and have been for about 4 years my wife and her boyfriend bought a house about 30 miles away. What are my rights?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Texas

Lawyer's Assistant: Has anything been filed or reported?

No

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

I have kept our separation amicable, and I split off 25% of my pay for her. But she didn't talk to me about the move, she just did it.

Show More
Show Less
Ask Your Own Legal Question
Answered in 6 minutes by:
3/10/2018
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 32,264
Experience: Lawyer
Verified

Hi,

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

Under Texas law, all property acquired during the marriage is community property and subject to a 50/50 split at the time of divorce. Unless you've gotten a legal separation, you're still legally married and could claim a portion of the equity in the house during a divorce. A signed separation agreement would also cut off the acquisition of community property. Otherwise, you can ask the judge to grant you half of her share (which would most likely be 25% of any equity).

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.

Ask Your Own Legal Question
Customer reply replied 5 months ago
My question is not about the property but about our children.
Customer reply replied 5 months ago
What rights do I have regarding our kids?

I'm sorry. There is no mention of children at all in your original question.

Until there is a court order, married parents have equal rights to the children of the marriage. That means you don't have a right to take them from her, but she wouldn't have a right to take them from you, either. The way to get a court order is to file for divorce.

Custody will be based on what is in the best interests of the child. The judge can consider that she is committing adultery.

Ask Your Own Legal Question

When possible, the judge will try to work out a way that the children can have an ongoing relationship with both parents. Thirty miles isn't so far that you couldn't share custody 50/50, but some of that depends on the roads in your area and how long it would actually take to drive.

Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 32,264
Experience: Lawyer
Verified
Lucy, Esq. and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 5 months ago
Ok thanks for the help

You're welcome! Have a good night.

Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 32,264
32,264 Satisfied Customers
Experience: Lawyer

Lucy, 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:

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

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

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,658 satisfied customers

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

INFOLAWYER

INFOLAWYER

Attorney

22,843 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,266 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

301 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
I'm not that fast at typing! lol.. Calif. Where are you? Oh,
Hi, I'm not that fast at typing! lol.. JA: What state are you in? It matters because laws vary by location. Customer: calif JA: Has anything been filed or reported? Customer: Where are you? JA: Anythi… read more
DamienJD
DamienJD
Attorney
Doctoral Degree
5,358 satisfied customers
So I live in NY, my ex resides here now. Divorced in
Hello, So I live in NY, my ex resides here now. Divorced in Texas 2012. Divorce is registered here in NY. Child support is until age of 21 in NY, 18 in Texas. Went to court over support and I will rec… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,555 satisfied customers
I Bought a house last year..the house is in my name only. I
I Bought a house last year..the house is in my name only. I live with my girlfriend since November 2015 3 months ago. Recently I have found out that my girlfriend has cheated on me. I want her to move… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
37,253 satisfied customers
I am a widower and I met a woman on a dating site and we met
I am a widower and I met a woman on a dating site and we met within 2 dates we were intimate. Within a few more days she was coming to my house on a very regular basis. She stayed at my house and had … read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
my wife and I come from prior marriages. When she was going
my wife and I come from prior marriages. When she was going through her divorce, she was pregnant with our son. I paid her rent for one year in advance. I gave her about $24,000. We moved in together … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
We live in Maryland. In August 2009 my step-daughter and her
We live in Maryland. In August 2009 my step-daughter and her boyfriend bought a puppy from a breeder in Virginia and is registered in their name. She lived with my wife and I until recently getting ma… read more
JB-Umphrey
JB-Umphrey
Attorney & Counselor
Juris Doctor
606 satisfied customers
I need Texas property advice right away - my wife grandmother
I need Texas property advice right away - my wife grandmother left her house to her 4 children; 1 uncle and 3 aunts; the uncle passed away several years ago; the sisters are living. The house was empt… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
My ex-boyfriends parents are wanting to take me to a small
My ex-boyfriends parents are wanting to take me to a small claims court. We had split up in March because he had been unfaithful for a second time and not only that he was arrested and charged with ra… read more
TexLaw
TexLaw
Attorney
Post-Doctoral Degree
4,347 satisfied customers
I am a NY state resident and have joint custody of my 7 year
I am a NY state resident and have joint custody of my 7 year old daughter, Autumn, with my ex husband. We have been following the same visitation schedule for over 4 years. Autumn lives with me, I hav… read more
Brandon M.
Brandon M.
Attorney at Law
Juris Doctorate
12,463 satisfied customers
my boyfriend and his wife are separated...have been in seperate
my boyfriend and his wife are separated...have been in seperate households for almost a year with 2 daughters going back and forth...no "legal separation" paperwork filed...they just both moved out of… read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
30 years ago, 5 five people collectivley bought 80 acres in
30 years ago, 5 five people collectivley bought 80 acres in Alaska. Each paid the same down payment. The land was purchased in an agricultural auction with the stipulations that it could not be sub di… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
17,183 satisfied customers
My original child custody judgement gave me joint custody of
My original child custody judgement gave me joint custody of my son with my ex wife. I had him 4 days out of the week and she had him 3. I then moved to Los Angeles with my new wife and our daughter, … read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
I recently amicably split with my partner. Now, I am 30 and
I recently amicably split with my partner. Now, I am 30 and she is 64. We were together for three years, lived together for a year and a half.While we were together she spent a lot on me,there were se… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
38,256 satisfied customers
I have been married to my husband for 12yrs. When we first
I have been married to my husband for 12yrs. When we first married we pooled our money together to make ins meet. When is mother died about 4 yrs ago, her house were in both his and hers (or) she had … read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
My wife moved out of the house 3 years ago with her 23 yr old
My wife moved out of the house 3 years ago with her 23 yr old drug addict boyfriend. She was 35 at the time. Not long later, a person moved in on home confinement. The druggie moved out and a married … read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
17,183 satisfied customers
My wife and I are going through a divorce. We attempted ...
My wife and I are going through a divorce. We attempted mediation, but it didn"t work. During mediation we were told to keep separate locked bedrooms since we still lived in the same house. She moved … read more
rvlaw
rvlaw
Judge
Juris Doctor
3,203 satisfied customers
my sister died in 2002. I am the executrix for her ...
my sister died in 2002. I am the executrix for her estate.Now an old boyfriend of hers is trying to forclose on the house, claiming common law husband. Can I Quitclaim deed the house to my son to prev… read more
P. Hupka
P. Hupka
Paralegal & Court Stenographer
Associate Degree
58 satisfied customers
my wife and I of 27 years seeking amicable divorce, she had ...
my wife and I of 27 years seeking amicable divorce, she had homeschooled our 4 kids thoughout, so has only a bit of college credit, little job readiness, 1 kid left under 18, want to use online servic… read more
Ed Johnson
Ed Johnson
Senior HR Consultant and Business Devlpm
Bachelor's Degree
6,994 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