Texas imminent divorce question

[denimblue]

What is the name of your state (only U.S. law)? Texas
We're still together but due to adultery I want a divorce. I have caught her and there is no excuse.
We have no kids, only a home (paid in full) that was purchased by us together with money that has been comingled for years. We have been married nearly 12 years.
Will it hurt my chance OR not have any bearing on my chance at recouping some of my money (from our home we will sale) if I move out BEFORE any notice is served?
Neither of us has filed, we have only talked about it BUT I cannot believe anything she says anymore so I do not know her plans.
Her comment was "it was just a game" (with the other guy) and that "I don't care about him". Thats not a game I want to part of.
She even mentioned maybe I should have her put in a mental institution for help????
At this point she is willing to do just about anything to get me to stay (she dosn't work). She asked me if I would stay until she could find a job although she STILL has not applied anywhere.
The looney tune even asked if she should become a stripper for "more money" and said she was willing to do that in order to pay bills.
My plans were to leave today but to first have everything transferred into her name (lights, gas, water, etc. etc.) and then leave. I told her since she would be here that I did not want my name on the bills. She reluctantly agreed to that.
Will this hurt my case? What I plan is to get all my stuff out, transer all necessary things in her name (lights, gas, etc) and THEN once I'm out to file for a divorce on her. I'm just wondering if this will hurt my chance of getting any of the proceeds from the sale of the house (which we have agreed to do).
Besides the obvious go hire an attorney, what if anything can I do NOW to help my case and ensure that I don't lose everything?
Thanks

 

[Ohiogal]

Be prepared that you will have to pay some short term alimony most likely since she is not working. You will not be risking your portion of the house. How do you know that it will be ordered to be sold? If there is no mortgage on it the court may award it to someone -- even her if she wants it.

 

[denimblue]

She doesn't want it.

Neither of us want the home. Should I WAIT until she has a job (ANY TYPE OF JOB) before filing?? Would it benefit me if she took a demeaning job such a being a stripper?? Thanks

 

[Ohiogal]

Neither of us want the home. Should I WAIT until she has a job (ANY TYPE OF JOB) before filing?? Would it benefit me if she took a demeaning job such a being a stripper?? Thanks

A demeaning job? It is an honest, legal job if she is of age. If she is earning her own income and can support herself then she wouldn't necessarily be awarded alimony.

 

[Bali Hai]

Neither of us want the home. Should I WAIT until she has a job (ANY TYPE OF JOB) before filing??

It would be to both your benefit if she were employed, not just for the divorce but for her own confidence and independence.

Would it benefit me if she took a demeaning job such a being a stripper?? Thanks

Depends on what she looks like.

 

[mistoffolees]

Be prepared that you will have to pay some short term alimony most likely since she is not working. You will not be risking your portion of the house. How do you know that it will be ordered to be sold? If there is no mortgage on it the court may award it to someone -- even her if she wants it.

Yes, but she would presumably have to pay OP 1/2 the marital equity if she keeps the home. It's not clear how she would manage that without a job.

The other thing OP needs to worry about is whether she will take care of the house or let it degenerate to the point that selling it becomes difficult or the selling price is reduced significantly. (Even something simple like not picking up clutter before an open house can have a huge impact on selling price).

Personally, I would seriously consider moving into a different bedroom and staying in the house to make sure it is maintained and get it on the market (now if she agrees and immediately after getting a court order if she won't agree). Since he may well be paying her temporary support while the divorce is pending, anyway and there will be a cost to renting a different place, it may be cheaper to stay.

 

[Ohiogal]

Yes, but she would presumably have to pay OP 1/2 the marital equity if she keeps the home. It's not clear how she would manage that without a job.

The other thing OP needs to worry about is whether she will take care of the house or let it degenerate to the point that selling it becomes difficult or the selling price is reduced significantly. (Even something simple like not picking up clutter before an open house can have a huge impact on selling price).

Personally, I would seriously consider moving into a different bedroom and staying in the house to make sure it is maintained and get it on the market (now if she agrees and immediately after getting a court order if she won't agree). Since he may well be paying her temporary support while the divorce is pending, anyway and there will be a cost to renting a different place, it may be cheaper to stay.

Actually does OP have retirement benefits? HOw much accrued during the marriage? What is the wife's portion? What other assets are there? It is possible that since there is no mortgage other assets may offset the share of the house. All of the assets would be split -- not just the house. And there may be something else there.

 

[mistoffolees]

Actually does OP have retirement benefits? HOw much accrued during the marriage? What is the wife's portion? What other assets are there? It is possible that since there is no mortgage other assets may offset the share of the house. All of the assets would be split -- not just the house. And there may be something else there.

If that is the case, do NOT simply offset after tax assets (home equity, cash, etc) with pre-tax assets (401K, etc). If the plan is to trade one off for the other, an adjustment for taxes should be made.