Seymour, TX Divorce Law Firms & Lawyers

You need to deal with this the only possible way. File a divorce or legal separation. The make a motion for temporary orders asking the court to require him to make the mortgage payments for the period he lived there and leave by a date certain. He has 3 years of equitable interest in the house since you were married and presumably paid the mortgage during that time with funds earned during the marriage which are, by definition, community property. Get a lawyer. Your private arrangements obviously and predictably didn't work. You need to deal with this in an adult fashion, with legal authority.

The house that your wife purchased is her separate property; however, any payments you made toward the mortgage or to the improve the home are subject to a reimbursement claim back to you because you contributed to her separate property by making payments. The 401(k) from her job may be separate or community property depending on when she started her employment. Any contributions to the 401(k) plan prior to your marriage are separate property. Contributions after the marriage are community property, whether she made the contributions or you did. In any case, any income from any source (including retirement account contributions) are community property as of the date of your marriage. I highly recommend scheduling a consultation with a local family law attorney to discuss your rights and options in your case.

In Texas, any property acquired during the marriage is deemed community property.  During a divorce, a court applies a "just and right" division of the property.  This doesnt mean 50/50, the court can split the community property 60/40, 70/30. The court applies factors in making this "just and right" division.  If your wife filed for divorce, then sold the house while the divorce is pending, you can claim that she commited "fraud on the estate" and seek to be reinbursed for your community share of the family home.