Primarily servicing the greater New York City metropolitan area



LEONARD M.WEINER, ESQ, Ph.D.
DIVORCE SOLUTIONS
206 East 38th Street
New York, N.Y. 10016
(212) 370-1660

FINANCIAL ISSUES - MARITAL PROPERTY V. SEPARATE PROPERTY

Question #44:
Married in Texas (10/28/95)...Live in Texas (~15 yrs.).......2 kids (live with us).....1 house.....2 cars....1 boat...

We are still together for the time being, but I intend to leave soon. Will the house be ordered up for sale? Thanx for your time and help.

Answer:
I strongly recommend that you get in touch with an attorney-mediator in Texas who has been specially trained in divorce mediation and who is familiar with the matrimonial laws in Texas who can mediate your divorce so that you and your spouse will decide what to do with your assets rather than some judge deciding.
I suggest that you not leave the house before you have entered into a separation agreement with your wife in order to preserve your rights in the house.
If your spouse is not willing to mediate the divorce, and proceeds in court, it will be up to the judge to decide the fate of the children, the house, and all of your marital assets.
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