Seguin, TX Divorce Law Firms & Lawyers

If the home was purchased during the marriage, it is community property and subject to being divided in the divorce. The division can happen in a number of ways. The home could be sold and the proceeds of the sale split between you and your wife, or one of you could buy the other person out and refinance the home, taking the other person off the loan. If you purchased the home before the marriage, it is your separate property and not subject to division in a divorce.

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.

Check with your tax preparer, but the usual rule is that the parent with primary possession of the child gets the dependency exemption, no matter what the state court divorce decree says.