Staples, TX Divorce Law Firms & Lawyers

While there is no legal prohibition on confronting him about his affair, he may react poorly to such a confrontation and stop providing you with financial support of any kind.  While fault in the breakup of a marriage is one factor the court can consider in making a disproportionate division of your community assets, proof of an affair is unlikely to substantially affect the division.  In my experience, that may persuade a court to go from something like 50-50 to something like 55-45 in your favor.What is important is what community assets he has spent, and is spending, on the girlfriend.  Make sure you gather together as much information as you can, including bank statements and credit card statements, to show what he has been spending on her.  Another good place to get information is from any frequent flyer, rental car, hotel, etc. accounts he has.  In many cases, the court will require him to "reconsitute" the community estate for funds spent on a paramour.  So, if he spent $150,000 on her, the court could award you $150,000 of remaining community funds to offset the money he already spent.

You can ask for the house to be awarded to you. The question will be whether you have to pay him for his interest in the house. You could make a good argument for not paying him, but he may have an equally good counter-argument. If the two of you don't come to an agreement, the judge will decide. Do you have children with him?