Skip to main content

Can I buy a House During My Texas Divorce?


If you want to related guideline confidentiality Texas Law experience, So you can better suggestions- Can I buy a House During My Texas Divorce?

Houston Family Lawyers– In a previous blog article, “His, Hers and Ours – Texas Divorce” we discussed the difference between community property and separate property. At its core it is a fairly easy concept to understand. However, some of my clients still have trouble understanding it in certain situations such as buying a house while they are still married.

I believe one of the reasons for this because they have often separated, maybe have found a new significant other, and ready to be done with their ex but the divorce is dragging on. As a Houston Divorce Lawyer, I see the topic of buying a house while still married come up fairly regularly so I will discuss this topic in regards to a Texas Divorce Case.

TEXAS IS A COMMUNITY PROPERTY STATE

As I indicated above Texas is a community property state. In Texas, we do not have “legal separation.”

This means just because you buy a real or personal property without your spouse that does not mean the property you buy will be your separate property after the divorce. One of the things I tell my clients is that community property is anything you acquire from the day you are married until the day you are divorced. There a few exceptions to that rule which you can read about in one of our other blog articles.

STANDING ORDERS OR INJUNCTIONS

Houston Family Law Attorney– In many Texas Counties when a divorce is filed, “standing orders” go into place. This means that a Court Order automatically goes into place Ordering you not to spend community funds on items other than normal living expenses, legal fees, or community debts. In other words, while the divorce is ongoing you are not to spend money freely otherwise you are in violation of a court order.

If you violate a Court Order this can have a negative impact on your portion of the property split. If you were to ignore the Courts Order and buy a home the Court may award it to your spouse or in the alternative give you less of the marital property. This might mean instead of a 50/50 split of the marital property there might be a 70/30 split of the marital property.

PURCHASING A HOUSE WHILE MARRIED CAN BE COMPLICATED

When you are still married your spouse will still legally be involved. There will be a credit check performed. Title companies are required to follow Texas community property law. If you are taking out a mortgage, then mortgage company will require your spouse to sign a document that they are aware you encumbering the property you are buying.

BUYING A HOUSE DURING A DIVORCE MAY NOT BE A GOOD FINANCIAL DECISION

It may not be a good financial decision to buy a house during a divorce. Divorces are expensive. Something to think about is you have money going to attorney fees, bills have doubled, and you may have to buy new things such as a bed, couch, etc.

You may not get all the property that you thought, you were going to get in the divorce. You may also get more of the debt then you expected. It is difficult to know what your financial situation will be after the divorce.

Holding off on purchasing a new house until after the divorce is probably a wise decision. After the divorce, you will have a better idea of what your financial situation is and whether you will be able to afford this new purchase.

MAYBE IT IS OK TO BUY THE HOUSE DURING THE DIVORCE

Divorce Lawyers in Houston– In some situations, buying a house during the divorce will not hurt you. If this is something you would like to proceed first seek the advice of your Texas divorce lawyer. Do not proceed on your own without informing your divorce lawyer.

One of my clients did purchase a house without telling me. In that case, her husband went after the house she purchased asking that it be awarded to him. I was able to help her keep the house. However, she ended up having to pay additional attorney fees for several hearings we could have avoided had she informed me of her plans beforehand.

There are legal steps we can take to make sure that you are not violating a Court Order or an agreement with the other side. Often times are also able to get your spouse’s cooperation.

Some of the things we can do to protect you include making sure that this home purchase is part of a marital partition agreement or mediated settlement agreement. Taking these steps… Continue Reading
Labels:
Location: 3707 Farm to Market 1960 Rd W #400, Houston, TX 77068, USA

Comments

  1. PENIS ENLARGEMENT PRODUCT June 7, 2019 at 12:26 PM

    CONTACT PRIEST AZIBA FOR A POWERFUL SPELL TO HELP YOU GET YOUR EX LOVER BACK NO MATTER HOW LONG YOU BROKE UP OR WHOM HE/SHE MAY BE WITH NOW PRIEST AZIBA WILL HELP YOU GET THEM BACK CONTACT PRIEST VIA WHATSAPP: +2348100368288
    I am from United State,Michigan. I did not believe in Love spell magic for i thought and believed it was not real until the day that my Husband left me for his Mistress, I tried all my possible means to get him back but it all seems to be in vain, So till the next day and did not come back home i search on what i could do to get my man back on the internet i saw a testimony about DR AZIBA how he helped lot of people to get there Lovers back and how he recently casted a spell for one Man to get his wife back, although i didn't believe in love spell, i contacted him because i loved my Husband and i want him back, So DR AZIBA performed the love spell and told me to wait for just 12 hours which i did, So surprisingly, My Husband sent me an apologizing Text and he started begging me, from that day, we became together and up till now, We are in love with each other like never before.. If you need any help, You can as well contact DR AZIBA via his Emails > priestazibasolutioncenter@gmail.com .You can also call him or write to him via WhatsApp +2348100368288 to contact him directly .
    My Regards...

    ReplyDelete

Post a Comment

Popular posts from this blog

Rule 11 Agreements in a Texas Divorce

If you want to related guideline confidentiality Texas Child Law experience, So you can better suggestions in Rule 11 Agreements in a Texas Divorce . Houston Divorce Lawyers : Rule 11 agreements are often used in family law and cases. I have had clients and potential clients ask me about what a Rule 11 agreement is and what they are used for. Many lawyers use Rule 11 agreements to settle an issue or a whole case. Attorneys often use the term “Rule 11 Agreement” as if it were a specific type of agreement. WHAT IS A RULE 11 AGREEMENT? However, Rule 11 is a rule of procedure and does not do much to define the form or substance of settlement agreements. A rule 11 agreement refers to Rule 11 of the Texas Rules of Civil Procedures which provides that an agreement between lawyers in a case is enforceable if the agreement: Is in writing and filed in the papers of the court or unless it be made in open court and entered of record. USES OF RULE 11 AGREEMENTS Rule 11 Agreements or...
1 comment
Read more

How to handle a cheating spouse in Texas

If you want to related guideline confidentiality Texas Child Law experience, So you can better suggestions in How to handle a cheating spouse in Texas Spring Divorce Lawyers : One of the most difficult and challenging aspects of a family lawcase is that they are, above all else, personal matters. This means that not only will you become engaged financially, relationally and logistically in a family law case but you will be emotionally invested in the case as well. While I suppose that this is true for any legal matter that you undertake, it is especially true for family law cases. These are personal matters that have become a part of the public record. An awkward and unenviable situation to be placed in. Why are family law matters so delicate? For starters, I believe that it is because so many areas of our lives are encompassed by these type of cases. For instance, if you are considering a divorce from your spouse just consider for a moment the areas of your life that are impa...
Post a Comment
Read more

The effect of divorce on children: Helping your family maintain stability

If you want to related guideline confidentiality Texas Child Law experience, So you can better suggestions in The effect of divorce on children: Helping your family maintain stability Family Lawyers Houston : If you are a parent who is going through a divorce then you will find that your case will be quite different from a divorce that does not feature two parents. Parents understand that their actions have a direct and often disproportionate effect on the lives and well being of their children. With this in mind, it’s possible that in the weeks and days leading up to your considering a divorce your biggest concern laid not with paying for an attorney or deciding what to do with the family home, but in breaking the news of the divorce to your children. Without belaboring the point too much, your children will certainly be affected by your divorce no matter how stressful or stress free the process actually is. If we take into consideration the fact that your child has probably ...
Post a Comment
Read more