Property Rights and Divorce for Stay at Home Moms
Going through divorce can be an emotional and stressful process, especially for unemployed mothers. When going through a divorce, it is important to know that you have a right to an equitable share of marital property under Texas law. Texas is classified as a community property state, which means that any assets acquired after you were married are considered to jointly belong to both spouses. There are a few exceptions to this law, such as assets inherited by one individual during the marriage, but most assets in a marriage belong to both husband and wife.
If you are anticipating divorce, you should know what your property rights are under Texas law. Knowing your legal protections can help you make smart decisions during the divorce to help ensure that you get your fair share of marital property. The Austin divorce lawyers at Slater, Kennon & Pugh Ltd.LLP can provide you with sound legal advice and assist you with the divorce process.
Your Right to Your Home During the Divorce
Perhaps your spouse has asked for a divorce and is asking you to leave your home. If your house was purchased after you were married, you have as much right to the house as your spouse does, and he or she has no legal right to ask you to leave your home. Before taking any other action, consult with a divorce attorney immediately. If your spouse is in any way endangering you or your children, an attorney can help you secure a restraining order that prevents him or her from entering the home during the divorce proceeding.
Securing Your Home after Divorce
As a stay at home mom, the idea of being divorced with kids is likely a frightening prospect. You may be wondering how you are going to find a job, support yourself, support your kids, and maintain a home for all of you after the divorce. It is important to know that, typically, the spouse that is considered the primary caregiver or person who spends the most time with the children will be allowed to stay in the home with them.
However, the home situation varies from case to case. Your best option may be to talk to your divorce attorney and make him or her aware of the situation as early as possible so that he or she can help you fight to keep your home.
Contact Us
Stay at home mothers have undeniable legal rights to marital property, and a good divorce lawyer can help you protect your rights. For more information on property division and securing a future for you and your children after divorce, don’t hesitate to contact the compassionate and experienced Austin divorce lawyers of Slater, Kennon & Pugh Ltd.LLP today at 512-472-2431.