Burnet, TX Divorce Law Firms & Lawyers

That is a complicated question.  The State of Texas operates under a community property presumption, which means that anything purchased during the marriage is presumed to be community property unless proven otherwise by a party.  It wouldn't matter whether your husband put the property only in his name or in both of your names because the fact that it was purchased during marriage would imply that it is community property.  If your husband has separate assets and purchases the home with those separate assets and he can prove those facts, then it would be beneficial for you to have the home in your name as well for a variety of reasons that are too numerous to list here.  The Court will divide all community property equitably, which may mean half and half, or it may mean something different.  The first question will be whether the home is community property, then, if it is community, the Court will determine how to equitably divide the house and all the other assets.

If you own a home and have three children together, this is not a do-it-yourself project.  You need to hire an attorney experienced in divorce law in or near the county where you live.If you are awarded the home, there may be an owelty lien established if one of you has to buy-out the other's interest in the marital residence.  There almost certainly will need to be a special warranty deed of either of you keep the house.  If you have a mortgage, you will likely want a Deed of Trust to Secure Assumption to keep the current loan at the current interest rate.The more items you and your husband can agree to in advance, the less an attorney will cost.  If you can agree on most items now, you might be able to get an attorney to advise you on those things you haven't thought about and to complete all of the paperwork for $5,000 or so.  If there are major areas of disagreement, budget more for legal expenses than that.