New Caney, TX Divorce Law Firms & Lawyers

It is a difficult question to answer without seeing the decree, but most attorneys make sure that the final decree disposes of ALL property, whether stated or not.  It may well be, however, that your decree has some language regarding any assets not disclosed can be re-allocated.  If that is the case, it would be worthwhile to pursue.  However, again, usually the decree simply states Wife take all 'other' debt in her name and Husband take all 'other' debt in his name.  This type of blanket language is generally sufficient to negate any motion for new trial or attempt to bring the case back before the court on a property distribution argument.  Again, this will depend largely upon the lieral wording of your decree.  Find an attorney local in your area and ask that they quickly look at it.  Takes about 10 minutes.

Yes, you can file for divorce if you and your husband still share the same residence, although I would recommend that at least one of you consider relocating. If he is violent, be sure to call the authorities and ask for a protective order, which will keep him out of your home. Whenever you are dealing with a spouse who has a drug or alcohol problem, you're going to face unique challenges.

With matters this important, I think you urgently need to hire a skilled family lawyer to represent you. To be enforced by a divorce court, a prenup must have been fair when it was first made, and fair when it is sought to be enforced. There is a lot of room for a lawyer to work with based on these issues. If the prenup were denied enforcement, then everything is up for grabs, and you would be presumptively entitled to half the total property. Of course, the estranged husband may have played games with transferring title and other things, so quite thorough investigation is needed.