Abilene, TX Divorce Law Firms & Lawyers

Yes, if community property was spent paying the mortgage on the home, you own a portion of the home pursuant to the Moore- Marsden line of cases. Consult with an attorney and advise him or her of all such monies. You are further entitled to a share of the property's appreciation.

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.

If you signed the petition, HE's the one who should have signed and filed the waiver. Why don't you just check with the court clerk where the divorce was to have been filed? The clerk can tell you if the petition and/or the waiver got filed, and if a divorce decree was ever entered. It's not likely that a divorce decree was entered without your signature.