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Texas - Can I file for divorce and keep my house and all assets accumulated between us if she has been cheating on me?
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re: Cheating Wife and Assets -- Texas
Nope. Cheating does not cause any forfeiture of rights or assets in Texas -
Re: Cheating Wife and Assets -- Texas
Is this true still today?
Cheating doesn't have any effect on the asset division in a TX divorce Texas?
Is that right? It doesn't seem fair.Comment
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Re: Cheating Wife and Assets -- Texas
Texas is a community property state. That she broke your heart/vows is irrelevant.Comment
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Not sure why its necro, but perfectly legal if no divorce filing has taken place. There are thousands of examples of spouses clearing an account. Joint ownership is just that.Comment
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Re: Cheating Wife and Assets -- Texas
Texas Family Code provides seven grounds for divorce in Texas. The state categorizes these grounds into fault or no-fault divorces. These classifications may be relevant for purposes of division of marital property, an award of spousal maintenance, and to a certain extent, parental fitness. See below Seven grounds for divorce:
Cruelty
Adultery
Felony Criminal Conviction
Abandonment
Uncommon Grounds such as Alcohol or substance abuse, Impotency, Infertility, Homosexuality (for married heterosexual couples), Cultural or religious differences, Financial backing (when one spouse is unwilling to support the other financially even if he or she has the means to do so)
Insupportability,
Living Apart
Confinement in a Mental Hospital.
To obtain a divorce, you must raise and prove at least one ground for a court to grant the divorce.
From the question, it is unclear, what kind of cheating she had done to you. Considering the nature of cheating, it can be or maybe linked with any of the above 7 mentioned grounds for divorce so that the court may grant you divorce.
With regard to separation of property form the Spouse please note that, as per Texas Law, all income earned and property acquired by either spouse during the marriage belongs to both spouses equally.
Texas is what's called a community property state. This means that all income earned and property acquired by either spouse during the marriage is community property and belongs to both spouses equally, so it must be split equally between the spouses when they divorce.
The court begins its evaluation with a presumption that all property held by either spouse during marriage is community property. Texas law defines community property as any property acquired or earned during marriage that isn’t separate property. A spouse who wants to keep an asset free from division must prove by clear and convincing evidence that the asset is separate property.
Separate property includes anything that belonged to one spouse before marriage and was kept separate throughout the marriage. It could also include property that was given only to one spouse during the marriage--for example, a gift made by a friend or family member to the husband alone, or an inheritance that the wife received from a relative.
The most common types of property divided at divorce are real property like the family home, personal property like jewelry and clothing, and intangible property like income, dividends, and benefits. All the community property must be divided between the spouses when the marriage ends, and all of the marital debts as well. Once a spouse proves that an asset is separate property, then that asset remains in the hands of the original owner; the court cannot award it to the other spouse.Comment
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Re: Cheating Wife and Assets -- Texas
Can someone ban the spammers?Comment
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Re: Cheating Wife and Assets -- Texas
Any major site has hundreds of spam attacks a day these days--if one or two get through just alert admin. I am sure they will resolve.
There is far less spam here than almost any site I know.Comment
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In Texas, the courts presume that all property and income that either spouse obtained during the course of the marriage belongs equally to both spouses. This means that the state will equally divide the couple’s assets between them in the divorce process. On the flip side, the state will also evenly split all debts incurred during the marriage between the two spouses.Comment
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