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acesplace5
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Reged: 08/03/08
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owned house before marriage
      #435596 - 08/03/08 11:33 AM

I bought my house before I got married to my current wife. I am trying to make her leave and have had no luck. She has no job and will stay out overnight while I am working. She insists that I have to file for divorce before she will be made to leave the home. I have no money to file yet as she keeps racking up debts that have to be paid. How do I get her out of this house in Texas?

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jaiye
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Reged: 10/27/05
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Re: owned house before marriage [Re: acesplace5]
      #435651 - 08/03/08 04:46 PM

She right. It is her home and she doesn't have to leave with out a court ordering her.

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jaiye
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Re: owned house before marriage [Re: acesplace5]
      #435653 - 08/03/08 04:48 PM

What debt is she racking up. You can call and have her removed as a user on you accounts. Open your own checking accounts so she can't access those. There are steps you can take to minimize the damage she can do.

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matart1
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Reged: 09/01/05
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Re: owned house before marriage [Re: acesplace5]
      #435671 - 08/03/08 06:06 PM

can you not petition in court yourself for a divorce..??
or are you required a lawyer..?

I filed for divorce in FL and got everything done myself for maybe $130 including paperwork. of course this was in 92 and maybe cost of papers have went up but process is the same. I did my divorce pro se. went to the courthouse and asked questions from the clerks in what I needed.
took maybe 3-4 months from start to finsh.

you will need to start the process of divorce and request that she is removed from residence.

if debts are in her name then she can worry about paying for them.

many factors hinder simple divorces.
length of marriage, amount of debts and assets and of course children.

the value of the house from start of marriage to petition of divorce is what is considered community property.

--------------------
Life is a long lesson in humility.


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Maury
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Re: owned house before marriage [Re: acesplace5]
      #436066 - 08/04/08 11:47 PM

You would have to file for divorce or legal separation and, as part of a temporary hearing, indicate why you believe you should have occupancy of the homestead. A critical issue may be, your premarital interest, each parties ability to find other suitable housing, and financial issues.

It is important to note that even though you owned the house before marriage, there will be a marital interest if thre was a mortgage on the house that was paid off, in part, during the marriage and if any capital improvements were carried out with marital funds. In other words, the house is not yours alone simply because you purchased it before marriage if there was a loan to pay during the marriage.


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