A woman filed suit in Galveston County District Court asking that her former spouse sell a home that he claimed was in foreclosure at the time of their divorce in 2008. However, the woman found evidence that her ex-husband was still living in the home as late as 2013. Therefore, she is demanding the home be sold and the proceeds be split to ensure that property acquired during the marriage is divided properly.
In addition to demanding that the home be sold, the woman is also asking for a temporary restraining order, additional damages to be determined by the court and for costs related to bringing the lawsuit. She is accusing her former husband of breach of contract, breach of fiduciary duty as well as fraud according to the complaint filed with the court.
In Texas, property that is acquired during a marriage is considered community property. When a couple divorces, the property must be split between the two parties. While community property will normally be split equally, Texas courts will in some cases direct an equitable division. How property is split between the two parties depends on whether the parties agree to a settlement on their own or ask a judge to make a decision based on applicable law.
A person contemplating filing for divorce is advised to consult with a family law attorney. The attorney can take all appropriate steps to ensure that all community property is documented in order that property division occurs in a way that follows applicable law, and the attorney can also assist in negotiating an overall settlement agreement should it be determined that litigation is not desirable.
Source: The Southeast Texas Record, “Woman demands ex-husband sell home“, Matt Russell, June 12, 2014