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question iconMarried 15 yrs only asset is house. I want divorce because he cheated whole marriage. He thinks he should get house because he makes payments. Will that guarantee him the house?
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Assuming the home was purchased during the marriage, since Texas is a community property state, it doesn’t matter which spouse made the house payments because the payments were made with community funds. The equity in the house will be divided between the parties, usually a 50-50 property division is presumed, however, if there was faults in the break up of the marriage, such as infidelity, it’s certainly possible for her to receive more than 50% of the equity in the home. I hope this is helpful.

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The foregoing information is general information only and should not be relied upon to take, or fail to take, legal action. No attorney-client relationship is formed by this information. __The only manner to obtain complete and adequate legal advice is to consult with an attorney.__
Jane Mapes
Jane Mapes
Family LawMay 25, 2023
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