Hunt, 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.

It sounds like you may have been sent a waiver of citation. However, you should read each documents carefully to determine what it is. Your best choice is to get an attorney to represent you because you could end up signing away your rights to property if you don't know what you're signing. Some important issues an attorney would consider is a list of all property and if there are children involved, where the children will live, child support, insurance for the children and a host of other issues.

Unfortunately, due to the issues surrounding your case (having children, one of whom has been abused by your ex husband), it will be very difficult for you to pursue this case on your own. You want to ensure that you receive as many protections as you can for your children as well as whatever you are entitled to financially (child support, your share of community property, etc.). As such, I recommend contacting several local attorneys and asking them if they offer payment plans or alternative billing arrangements to handle cases like yours. If you don't find any attorneys willing to take your case at a reduced fee or willing to make payment arrangements, my next suggestion is to ask for help from close family and friends. You need a qualified attorney's representation for the best possible outcome. Good luck.