Husband said he filed the divorce papers yeas ago but never did, now wants the house.

[Shane0991]

Texas

My girlfriends husband left her and her kids 5 years ago and went to work overseas. She had signed divorced papers back then and thought it was done. During the time he was gone he never returned to the US to see the kids. However did did send her money for them and keep them on his insurance.

Now he is back in the US and found out we were making plans to get married. When he found this out he told she can't get married because he never filed the paperwork. We checked and he didn't.

She asked him for a simple no contest divorce. At 1st he agreed. Now he is becoming more difficult. He has stopped sending any money for the kids. Now he says he is going to fight and wants the house, car etc. My major concern is she a quite a bit of equity in the house.

Any advise on were to start would be appreciated.

 

[Proserpina]

Texas

My girlfriends husband left her and her kids 5 years ago and went to work overseas. She had signed divorced papers back then and thought it was done. During the time he was gone he never returned to the US to see the kids. However did did send her money for them and keep them on his insurance.

Now he is back in the US and found out we were making plans to get married. When he found this out he told she can't get married because he never filed the paperwork. We checked and he didn't.

She asked him for a simple no contest divorce. At 1st he agreed. Now he is becoming more difficult. He has stopped sending any money for the kids. Now he says he is going to fight and wants the house, car etc. My major concern is she a quite a bit of equity in the house.

Any advise on were to start would be appreciated.

She needs to speak to an attorney.

 

[Just Blue]

Texas

My girlfriends husband left her and her kids 5 years ago and went to work overseas. She had signed divorced papers back then and thought it was done. During the time he was gone he never returned to the US to see the kids. However did did send her money for them and keep them on his insurance.

Now he is back in the US and found out we were making plans to get married. When he found this out he told she can't get married because he never filed the paperwork. We checked and he didn't.

She asked him for a simple no contest divorce. At 1st he agreed. Now he is becoming more difficult. He has stopped sending any money for the kids. Now he says he is going to fight and wants the house, car etc. My major concern is she a quite a bit of equity in the house.

Any advise on were to start would be appreciated.

www.websters.com

Also I would ADVISE the legal party, not you, to consult with an attorney.

 

[Proserpina]

^^^ Like.

(...I WILL get that thing fixed, for sure!)

 

[Just Blue]

^^^ Like.

(...I WILL get that thing fixed, for sure!)

Thank You for the like!! I don't "need" the kudos on my profile!!

BTW...How are you feeling today?

 

[sandyclaus]

Texas

My girlfriends husband left her and her kids 5 years ago and went to work overseas. She had signed divorced papers back then and thought it was done. During the time he was gone he never returned to the US to see the kids. However did did send her money for them and keep them on his insurance.

Now he is back in the US and found out we were making plans to get married. When he found this out he told she can't get married because he never filed the paperwork. We checked and he didn't.

She asked him for a simple no contest divorce. At 1st he agreed. Now he is becoming more difficult. He has stopped sending any money for the kids. Now he says he is going to fight and wants the house, car etc. My major concern is she a quite a bit of equity in the house.

Any advise on were to start would be appreciated.

First of all, there is nothing YOU can do about this issue. It is your girlfriend's problem - and quite honestly, one that she helped to create by not doing anything to verify or push the divorce process along. It's at least partly her own fault for being so naive to think that he would do everything for her and she could just sit back and let it happen.

She needs to get an attorney involved - one who will make sure the divorce process proceeds appropriately, one that will ensure that there is a court-order in place for child support and visitation, and one who will be able to get things done so she doesn't get caught surprised again.

Note that once the divorce is filed, it will be AT LEAST 60 days before it can be finalized. However, given the issues of how to deal with the children and with the assets, she's probably looking at quite a bit longer than that - maybe 6 months or more. Even after the divorce is finalized, there is an additional 30 day waiting period before she can remarry.

And NOW she gets to find out just how difficult it can be when she sits back and watches instead of taking care of her own business the first time 'round...

 

[latigo]

Texas

My girlfriends husband left her and her kids 5 years ago and went to work overseas. She had signed divorced papers back then and thought it was done. During the time he was gone he never returned to the US to see the kids. However did did send her money for them and keep them on his insurance.

Now he is back in the US and found out we were making plans to get married. When he found this out he told she can't get married because he never filed the paperwork. We checked and he didn't.

She asked him for a simple no contest divorce. At 1st he agreed. Now he is becoming more difficult. He has stopped sending any money for the kids. Now he says he is going to fight and wants the house, car etc. My major concern is she a quite a bit of equity in the house.

Any advise on were to start would be appreciated.

You have “major concerns"? You mean like being able to put up your feet in someone else’s home?

The legal squabbles with the husband are her problems and not yours. So other than cutting her divorce attorney your four-figure personal check, keep your nose out of it! And pray that the husband's attorney doesn't secure a court order ejecting you from his home.
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Incidentally, the equity in the home that you are worried about is not all hers! as you appear to assume. Not even if her earnings served to reduce the principal mortgage balance in creating that equity is it all hers.

Texas’ marital property laws are based on the principles of community property and, with certain exceptions, all property obtained during the marriage by either spouse is presumed to be community property.