LaCoste, TX Divorce Law Firms & Lawyers

Your joint account is owned jointly, until a divorce petition is filed with the court, they is no set rules on how to share the money, however once the court steps in, one maybe called to explain how monies jointly owed by the community estate was spent to avoid an assumption of waste or hiding of funds.

Likely you will need to amend your petition for divorce to add a request that the Court confirm paternity of the child since the child is not technically a child of the marriage.  You can provide a certified copy of the acknowledgement of paternity as an exhibit to your petition.  Unless someone challenges the AOP the Court should confirm paternity.   It seems unusual that the Court would deny a TRO due to this situation, but some Courts are very particular about the pleadings and require you to be very precise in your pleadings.

You have a right to half of what was acquired during the marriage with exceptions for separate property. If your husband bought the home in his name alone prior to marriage, it is his separate property. However, the community should be reimbursed for principal paydown and a percentage of any appreciation. If the community paid for the improvement, that should be reimbursed also. It doesn't matter that you had no children together. See an attorney. The refinance issue adds more complexity to the amount the community can be reimbursed.