Divorce in Texas?

Question

My mother is going to divorce my father; they've been married 23 years and have no prenup.The house and all the cars are in my father's name, and they have a joint bank account. I have brother who is 17, will be 18 in about 5 months.(I'm 21 so I figure the court won't bother with me) I know that you are a minor if your under 18, but since he's close, will that play a part? Also, my mother is a legal citizen, my father has a permanent residence card; will this play a part too?(They are both from Mexico)

What should my mother do to help her get the house and at least the car that she drives? Please give advice!

Thank you!

She is getting a lawyer, I was just hoping to go into that office with her somewhat prepared.

Answer 1

It doesn't matter whose name the property is in; unless he inherited the property, or he can trace it back to his own property before they were married (an unlikely event, after 23 years), it belongs to both of them. Some men have a hard time digesting this information, but if your mother's lawyer and your father's lawyer can't convince him, the court certainly will.

I don't see your brother's age (since he's so close to majority) or your parents' citizenship making a difference.

Customarily, each spouse gets the car they drive. As for the rest of the property, that's too complicated to answer, given the information you've provided. Her lawyer will be able to give her a better idea, after the lawyer gets a look at all the assets your parents own.

Answer 2

I'm not sure about Texas laws, but in Kansas... all marital property is to be divided equally as well as all the debts unless a prenup or postnup states otherwise. In the divorce paperwork, I had to list every piece of personal property that was of any value and state who it belonged to and who was going to be responsible for it.

The judge will then let both parties decide at the temporary hearing if there are any disputes over the property... and if there are, he will grant each disputed piece to the party that deserves it...

As far as your brother is concerned, he should be ok to chose which parent he lives with, most likely he will stay where he can finish school. Most divorces take a few months, so it's entirely possible that by the time the divorce is final, he will already be 18.

Hope this helps, and good luck!

Answer 3

Texas is a community property state, as are many other states. Having all the property in his name will not make a difference in the end, if they can't decide on an equitable property split, the judge will decide for them.

She needs an attorney, they are everywhere.

In so much as the brother being 17, it really depends, some divorce agreements (mine for example) state that if the minor children go to college, then the support continues until they are 21, with 5 months to go until he is 18, depending on on how long the process takes (no less than 60-90 days), it may not make much of a difference, if any at all.

Attorney, she needs an attorney to make sure she gets what she deserves.

Answer 4

tell her to get lawyer and that its 50 percent down the middle he can give her cars and sign them over and they will do this in court make sure judge and lawyers do this. if there is money it will be 1/2 also. its community property.

Answer 5

Texas is a good state with reasonable divorce laws
so you mother may not be able to get more than she
has coming to her...

Answer 6

She should get a lawyer. She's entitled to half of everything. I don't think it matters if it's in his name or not.That's why you need to get legal advice.

Answer 7

Your Mom needs a lawyer...