Wadsworth, TX Divorce Law Firms & Lawyers

Separate property in Texas is everything you owned prior to marriage, all property acquired during marriage by gift or inheritance, and in some cases property acquired solely by separate property (ex., you use separate property cash to purchase a car).   Although the concept is relatively simple, the rules can sometimes get complex (ex., if you have a separate property bank account, the interest on the account is community property).    You should not be concerned about your house; however, if you buy or sell assets during your upcoming marriage or want to comingle community and separate property funds, you may want to talk to an experienced family law attorney to ensure you preserve your separate property.

Maybe if your new house is community property.In a typical divorce case, your attorney will ask for temporary orders during the pendency of the case.  Temporary orders typically include awarding one party exclusive use and possession of a house and, most often, a motor vehicle.  In the absence of a protective order due to domestic violence, you likely will not have much luck excluding your husband from a residence that is community property unless and until temporary orders are entered awarding your exclusive use and possesion of the home.