I am filing for a divorce,and how do I go about property division?

Question

I am filing for divorce after my husband was caught cheating. How do I go about the division of the house? I am doing the paperwork myself but having a paralegal look it all over and I have an Settlement Agreement as well to fill out. I am keeping the house,but how do I get him to pay for a portion of it,and for how long would he have to pay on it? Would the court just make us sell it if we can't come to an understanding? I am in Texas,and I am not sure how the laws here work. Thanks!

Answer 1

Texas is a community property state. Anything each party owned prior to the marriage they get to leave the marriage with fully. Anything aquired (debt or property) is split down the middle. Anything that was a gift or inheritance will not be subject to divison. Such as birthday gifts from your family, inheritances from deaths in the family. In Texas, it is easier to file a no-fault divorce unless you have cold hard evidence that he was cheating. If the two of you cannot agree on who gets what then you will be more than likely recommended to go through mediation or a judge will decide who gets what. This is where it would actually be to your benefit to use the evidence that the divorce is due to his infidelity. A court may not necessarily force you to sell the hosue, a court will try to divide property 50/50, if there is no other propety it may be sold. Whatever happens do not agree to a payment plan. This is where your ex pays you X amount of dollars after the divorce. If they decide not to pay there is not a whole lot you can do. Only accept a "cash" settlement. I would highly recommend hiring a lawyer to help you. It may seem expensive but could save you a butt load in the long run. Sorry to be so long.

Answer 2

I think this is a much more complicated issue than something that can be answered easily here. If I were you, I would check with a local women's resource center or another local group that might be able to refer you to a better source of help on this. There should be books in your library on Texas law. Talk with people who have been through the process (best if it has been several years for good perspective), and try to make it so you will look back on it later and still think it was a fair settlement.