Lake Jackson, TX Divorce Law Firms & Lawyers

The term "joint will" has legal meaning and is essentially a contractual Will. Ultimately, a contract with a spouse regarding child support or possession and access would not be binding. A court will always have the final word because judges are bound to issue a final order in the best interest of the children in a suit affecting parent-child relationships (custody suit).  However, you and your husband can come to an agreement regarding your children during a divorce and seek Court approval to make it a final/court order.  A court will normally approve your agreement unless the Court decides the agreement would not be in the children's best interest. In sum, you cannot contractually Will your child and have it be binding on a Court.    For example, I draft a Will and name my sister as guardian of my children if something should happen to me. I die five years from now and my sister is a homeless drug addict and I never changed my Will. My perfect brother files for custody of my children. My drug addict sister is not going to win custody against my brother in a custody battle despite what my Will states. Likewise, if the father of my children is still living, then neither of them would win against the father in the custody battle, Unless the father is also unfit, a parent will always take legal precedent.  As to joint Wills, these are not used very often anymore as they have many potential problems. There are legal alternatives to contractual Will. For instance, an irrevocable trust. I practice in areas of family law, real property law, small business, and estate planning.  As your issues overlap many of these areas, I would suggest you make an appointment for a consultation before you enter into a joint will.  We offer phone consultations for those in the state that live too far to make it to our office in Plano, Texas. Initial consultations are also offered at a reduced rate.

Your divorce decree should say who owns the house. If not, sue the attorney who drafted the decree. If it doesn't divide the house, go back to court and get it divided.

If you and your husband purchased the new house during your marriage using community funds, then it is most likely community property subject to a just and right division as part of your divorce process.If there is a mortgage on the new house, in most circumstances, if the court awards the new house to one spouse, that spouse will also be obligated to pay the mortgage payments.  If both spouses are on the mortgage, the spouse to whom the house is awarded will sign a deed of trust to secure assumption to protect the other spouse in the event of a future failure to pay the mortgage.  If there is substantial equity in the new house, the spouse to whom the house is awarded may be ordered to pay a sum of money to the other spouse, which in most such circumstances will be protected by an owelty lien.Alternatively, the court may order the parties to sell the new house and then divide the net proceeds between you in a manner that is just and right.