Angleton, TX Divorce Law Firms & Lawyers

That is a complicated question.  The State of Texas operates under a community property presumption, which means that anything purchased during the marriage is presumed to be community property unless proven otherwise by a party.  It wouldn't matter whether your husband put the property only in his name or in both of your names because the fact that it was purchased during marriage would imply that it is community property.  If your husband has separate assets and purchases the home with those separate assets and he can prove those facts, then it would be beneficial for you to have the home in your name as well for a variety of reasons that are too numerous to list here.  The Court will divide all community property equitably, which may mean half and half, or it may mean something different.  The first question will be whether the home is community property, then, if it is community, the Court will determine how to equitably divide the house and all the other assets.

Both you and your wife have equal rights to allow visitors in the house. While you may certainly express your disagreement, you will not be able to keep her from having her family in the home. However, you said you have an open divorce case so the judge could order that one of you have exclusive use of the home. If you get exclusive use of the home during the pendency of the divorce, this issue would not be a problem because your wife would not be living in the home.

You both have the same rights to the house so either you have to come to an agreement or you have to ask the court (in a motion) to determine who stays until the case is resolved. Ultimately, if you want to keep the house, you'll have to pay his his fair share.