West, TX Divorce Law Firms & Lawyers

Yes, any property your purchased while legally married (even if separated) is community property and therefore jointly owned by you and your wife. The exception to this rule is if you executed a prenuptial or post marital agreement wherein you decided that what you buy belongs exclusively to you and what she buys is exclusively her separate property. Contact a family lawyer in your area to start the divorce process so there is no confusion about the division of assets in your marriage.

Most people would prefer an annulment or divorce if for no reason other than the fact that an annulment treats you under the law as if no marriage had ever occurred. Some people like the idea of getting an annulment to avoid the stigma of saying they are divorced. However, you cannot simply choose between an annulment or a divorce. Annulments can only be obtained under certain circumstances.

While there is no legal prohibition on confronting him about his affair, he may react poorly to such a confrontation and stop providing you with financial support of any kind.  While fault in the breakup of a marriage is one factor the court can consider in making a disproportionate division of your community assets, proof of an affair is unlikely to substantially affect the division.  In my experience, that may persuade a court to go from something like 50-50 to something like 55-45 in your favor.What is important is what community assets he has spent, and is spending, on the girlfriend.  Make sure you gather together as much information as you can, including bank statements and credit card statements, to show what he has been spending on her.  Another good place to get information is from any frequent flyer, rental car, hotel, etc. accounts he has.  In many cases, the court will require him to "reconsitute" the community estate for funds spent on a paramour.  So, if he spent $150,000 on her, the court could award you $150,000 of remaining community funds to offset the money he already spent.