Newly Seperated Texas

[jkillian]

What is the name of your state? Texas

My wife of 12 years wants a trial seperation but I think now that her kids are grown she just wants to be alone and not married. We are not angry just hurt. I left the home and got a rental. I don't mind her having the house if she can keep up the payments. I would like to take the house over if not. How can I protect my position and still let her stay in the house.
We both have new trucks hers is in my name and mine is in her name.
Sort of the same problem. Both names ore on the home and trucks. What
if we can not get refinanced in our own names due to credit problems.

What are the down sides of staying seperated and not get a divorce?

 

[LdiJ]

What is the name of your state? Texas

My wife of 12 years wants a trial seperation but I think now that her kids are grown she just wants to be alone and not married. We are not angry just hurt. I left the home and got a rental. I don't mind her having the house if she can keep up the payments. I would like to take the house over if not. How can I protect my position and still let her stay in the house.
We both have new trucks hers is in my name and mine is in her name.
Sort of the same problem. Both names ore on the home and trucks. What
if we can not get refinanced in our own names due to credit problems.

What are the down sides of staying seperated and not get a divorce?

Generally its not necessary to refinance cars, because they usually get paid off in a reasonable amount of time.

However, the house really does need to be refinanced. If she can't refinance into her own name (for enough to pay you your share of the equity) then either you need to be keeping the house or it needs to be sold and the proceeds split.

In the meantime however, you need to make sure that the mortgage is paid, (and her car payment as well) in order to protect your credit.

 

[ceara19]

In Texas there is no "Legal Seperation". So, in the eyes of the law, your married. If you stay married you will still be tied together financially, so if your spoise does not pay her bills, it will go against your credit also.

 

[jkillian]

Wife credit cards

Generally its not necessary to refinance cars, because they usually get paid off in a reasonable amount of time.

However, the house really does need to be refinanced. If she can't refinance into her own name (for enough to pay you your share of the equity) then either you need to be keeping the house or it needs to be sold and the proceeds split.

In the meantime however, you need to make sure that the mortgage is paid, (and her car payment as well) in order to protect your credit.

What's the law on wife credit cards that are in her name only. She opened
during marriage?

 

[LdiJ]

What's the law on wife credit cards that are in her name only. She opened
during marriage?

The balances on those cards are marital debt.

 

[ceara19]

The balances on those cards are marital debt.

Also, on cards opened before the marriage, any charges made AFTER you were married are considered joint. If either of you open any new accounts, regardless of whose name they are in are considered joint debts if there are no divorce proceedings in process.