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Old 01-04-2010, 03:17 PM
4bh 4bh is offline
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Default Question about Divorce in Frisco TX state

Question about Divorce in Frisco TX state


Q : I will be filing for divorce from my husband as soon as I can. But I wanted to know about the division of assets including our home, two cars (both paid in full), motorcycle (not paid for yet but I am listed as the borrower with him as a co-borrower), furniture etc. We also have two small children who I would receive child support for, but I don't know what percentage that would be of his income. Since neither of us can afford to keep the house without the other it would have to be sold, but I put the down payment on the house and have the receipt to prove it. I also paid for both cars in cash as well. I have the receipts from all of the furniture which I paid cash for too and I have the bank statements to prove all of this (I always keep receipts). We've been married for almost 9 years and I am #### that after everything that I have paid for that he may be able to get half of something that he never contributed to. While I know that in Texas I wouldn't have to pay alimony to him since I make more, he shouldn't get things that he doesn't deserve. All of the bills are in my name as well. We don't have a joint account, so he can't lie about the money. What is he entitled to? How much in child support for a six and seven year old? Can he actually get some of the furniture, car, etc if he didn't pay for it?

A : You're free to go after separate/pre-marital investment in the house, but unless all that other stuff you say you "paid for" was with pre-marital/separate money too (vs. anyone's job income, etc. made during marriage, which is marital), everything you bought during the marriage is marital property.

I have no idea what TX child support formulas are; if you can't find them online, you discuss with the divorce attorney you'd better hire.

"While I know that in Texas I wouldn't have to pay alimony to him since I make more, he shouldn't get things that he doesn't deserve."

Sorry, but it's not a matter of what he "deserve[s]". It's also unclear why you'd think you wouldn't have to pay him spousal support (I'm not saying you would).

"All of the bills are in my name as well."

Doesn't really matter (except as far as the creditor is concerned; they will look to you for repayment regardless of what some marital property settlement agreement says).

"We don't have a joint account, so he can't lie about the money."

Sorry, but I'm not clear how A means B.

"What is he entitled to?"

Same as you are -- a division of marital property and debt.

Age of children isn't relevant.
"Can he actually get some of the furniture, car, etc if he didn't pay for it?"

Of course.

Seek local divorce counsel and simply start reading up about divorce in Texas in general.



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