Alimony? Gas Lease? Car? Truck? House? What?

[SEBRING]

TX (only U.S. law)? I live in TX. House is in spouse name, new car bought as gift for me in spouse name. Truck owned outright in spouse name, gas lease in spouse name. We have 2 minor children. My spouse encouraged me to stay home almost all our married life w/our kids. I don't have a college education. We own motorhome/old one/horses. Will it be possible for the kids and I to stay in my house until kids turn 18 and spouse pays house payment? Will I get 1/2 of gas lease every month? Will I get alimony and my car that was given to me or would I have to make the payment? Would we have to sell the house? Spouse makes $120 + bonuses of about $20,000 a year. Is it possible to include the bonuses in alimony and child support orders? Help plz I need to get out of here! I'm tired after 15 years of being treated like a dog. I need to find out beforehand what I'm getting into just to get out. I've only stayed for so long so my kids continue to have a comfortable life but I feel like I'm wasting away and my son is only 9. There's so many more years left to go. Thank u.

[SEBRING]

I guess no one knows the answer to this one huh?

[LdiJ]

Texas is a community property state. You would be entitled to 1/2 of the assets that accrued during the marriage, and responsible for 1/2 of the debts. The assets include the house, the cars, any retirement accounts, any bank accounts, and any other assets.

If you receive primary custody of your minor children, then he would have to pay you child support.

I have heard that TX isn't big on alimony, but that is also a possibility.

However, the odds of you being able to stay in the house, and he make the mortgage payments, are not strong. Its more likely that he would have to buy out your share of the equity, or that the property would be sold and the equity divided.

[Bali Hai]

Originally Posted by SEBRING

I guess no one knows the answer to this one huh?

Well all of your questions revolve around what YOU will GET and not what you will GIVE.

Therefore, you will get everything that is coming to you.

[tuffbrk]

I recommend that you find a job and retain the position for a minimal 6 months before filing for divorce. This is to ensure that you are comfortable supporting yourself and the children on your salary. TX is not big on spousal support, it has been posted here that it is not awarded for more than 5 yrs. Dad will be ordered to pay child support, however it is always best to not rely on those funds. You never know if Dad will willingly pay it and even if he does, he may become disabled, laid off, etc

[Silverplum]

Ld, spreading her speshul brand of ~*~happy luv~*~ around.

[wnbama]

I have to ask..What is a gas lease?

[SEBRING]

In the state of TX, OK, LA and AK they are putting up wells all over to pull out natural gas from shales. They lease your land, give you a start up amount for that then you get royalties of around 25% per month when they begin pulling out the gas from the actual well. I actually worded it wrong in my question. I asked about getting 50% of the "lease", I didn't mean the lease. I meant the royalties that come in for the rest of our lives. So would I be entitled to 50% of the royalties? And I'm a little offended on what someone wrote above about what I would "give". This guy knows nothing about me or the total situation. I thought you could ask questions on here and get factual answers not sarcastic argument from some creepy guy probably going thru a divorce that has a wife sucking him dry. Of course, given his attitude....maybe he deserves it! Thanks to all of you that are being factual instead of argumenative or creepy. TX

[nextwife]

Originally Posted by SEBRING

TX (only U.S. law)? I live in TX. House is in spouse name, new car bought as gift for me in spouse name. Truck owned outright in spouse name, gas lease in spouse name. We have 2 minor children. My spouse encouraged me to stay home almost all our married life w/our kids. I don't have a college education. We own motorhome/old one/horses. Will it be possible for the kids and I to stay in my house until kids turn 18 and spouse pays house payment? Will I get 1/2 of gas lease every month? Will I get alimony and my car that was given to me or would I have to make the payment? Would we have to sell the house? Spouse makes $120 + bonuses of about $20,000 a year. Is it possible to include the bonuses in alimony and child support orders? Help plz I need to get out of here! I'm tired after 15 years of being treated like a dog. I need to find out beforehand what I'm getting into just to get out. I've only stayed for so long so my kids continue to have a comfortable life but I feel like I'm wasting away and my son is only 9. There's so many more years left to go. Thank u.

Did he inherit or bring any of these assets TO trhe marriage? The assets AND DEBTS that get shared are the MARITAL assets, not necessarilly ALL assets.

Sounds like you want a divorce, but to have nothing change, other than he leaves?

[Bali Hai]

Originally Posted by SEBRING

In the state of TX, OK, LA and AK they are putting up wells all over to pull out natural gas from shales. They lease your land, give you a start up amount for that then you get royalties of around 25% per month when they begin pulling out the gas from the actual well. I actually worded it wrong in my question. I asked about getting 50% of the "lease", I didn't mean the lease. I meant the royalties that come in for the rest of our lives. So would I be entitled to 50% of the royalties? And I'm a little offended on what someone wrote above about what I would "give". This guy knows nothing about me or the total situation. I thought you could ask questions on here and get factual answers not sarcastic argument from some creepy guy probably going thru a divorce that has a wife sucking him dry. Of course, given his attitude....maybe he deserves it! Thanks to all of you that are being factual instead of argumenative or creepy. TX

This guy knows all he needs to know about you and your attitude.

Don't be in too big of a hurry to rent that armored truck when you get your "settlement", you might only need a lunch pail.

[tuffbrk]

Originally Posted by SEBRING

In the state of TX, OK, LA and AK they are putting up wells all over to pull out natural gas from shales. They lease your land, give you a start up amount for that then you get royalties of around 25% per month when they begin pulling out the gas from the actual well. I actually worded it wrong in my question. I asked about getting 50% of the "lease", I didn't mean the lease. I meant the royalties that come in for the rest of our lives. So would I be entitled to 50% of the royalties? And I'm a little offended on what someone wrote above about what I would "give". This guy knows nothing about me or the total situation. I thought you could ask questions on here and get factual answers not sarcastic argument from some creepy guy probably going thru a divorce that has a wife sucking him dry. Of course, given his attitude....maybe he deserves it! Thanks to all of you that are being factual instead of argumenative or creepy. TX

Presumably, the only way royalties will be earned is if the land remains owned by one or both of you. That means that hubby would need to be financially solvent enough to "buy out" your interest in the home and property in order to continue to receive royalties.

Something seems off financially though. If hubby is earning $140k annually, plus receiving royalties I'd think you'd own more than an old motorhome and a house. Also, why is NOTHING in your name? Were all items purchased prior to the marriage?

If the issue right now is nothing more than dissatisfaction with married life, why not keep things status quo and sign up to take some college courses so that when you do reach a decision, you can be in a better position to be self reliant?

And of course you are going to receive sarcastic comments! Re-read your post from a different perspective - It doesn't make sense to want to get a person out of your life to the point that you divorce them and yet pin your hopes/expectations on them for your continued support...you do see how that may be perceived, don't you?

[SEBRING]

This is addressed to Tuffbrk. I appreciate your advice. Yes, I went to sign up for classes to try and get my own life on the road to a career this fall. My Dad had passed away and I was too late to sign up for anything of value this fall will have to wait until spring. We didn't attain any assets until after getting married and perhaps I've been stupid that everything is in his name....But TX is a 50/50 state of that I did know. I've been out of the workforce that pays well enough to support myself and 2 children for so long that I'm afraid I wouldn't be able to support a teen & pre-teen + rent/utilities thus perhaps I worded my inquiry wrong but it's been said the way I needed to get it answered. Does that make sense? I will not however leave my children behind as the father is an alcoholic and bi-polar. And that is according to a doctor (and he won't take meds for it). Anyways, to answer your ? on royalties for the gas...if we both sell house we can keep the mineral rights and own them forever. The deed can be done/sold without mineral rights. It's the way everyone in TX is doing it now. Thus I guess we'd both be able to split those "assets" too in a divorce. Its just kind of a new frontier on the gas horizon! Thank u for your help. TX

[Bali Hai]

Originally Posted by SEBRING

This is addressed to Tuffbrk. I appreciate your advice. Yes, I went to sign up for classes to try and get my own life on the road to a career this fall. My Dad had passed away and I was too late to sign up for anything of value this fall will have to wait until spring. We didn't attain any assets until after getting married and perhaps I've been stupid that everything is in his name....But TX is a 50/50 state of that I did know. I've been out of the workforce that pays well enough to support myself and 2 children for so long that I'm afraid I wouldn't be able to support a teen & pre-teen + rent/utilities thus perhaps I worded my inquiry wrong but it's been said the way I needed to get it answered. Does that make sense? I will not however leave my children behind as the father is an alcoholic and bi-polar. And that is according to a doctor (and he won't take meds for it). Anyways, to answer your ? on royalties for the gas...if we both sell house we can keep the mineral rights and own them forever. The deed can be done/sold without mineral rights. It's the way everyone in TX is doing it now. Thus I guess we'd both be able to split those "assets" too in a divorce. Its just kind of a new frontier on the gas horizon! Thank u for your help. TX

Hmmm He makes $120k + $20k bonus annually?? He is an alcoholic bi-polar that his employer values enough to pay him all that money that you just can't wait to get your hot little hands on!!

[Silverplum]

Originally Posted by Bali Hai

Hmmm He makes $120k + $20k bonus annually?? He is an alcoholic bi-polar that his employer values enough to pay him all that money that you just can't wait to get your hot little hands on!!

You know the old drill, Bali. Throw anything, see what sticks.

Especially in the middle of the night, under cover of darkness...

[tuffbrk]

Hon - you need to hang in there until you're in a better position to support yourself. Really. The most alimony - and I believe it is referred to in another fashion in TX - is awarded is for 5 years. As hubby is bi-polar, you really do not want to be relying heavily upon his income/employment. You have no idea how filing for a divorce may impact his behavior and continued employment.

I do urge you to try to find decent employment or hang in there until you have the skills needed to obtain decent employment. I also think it will be viewed in court as a positive that you're taking steps to become self sufficient.