Longview, TX Divorce Law Firms & Lawyers

Now pay careful attention to the answer I am about to give you yes, she can ask the court to award her the house. She can ask for anything she wants, no matter how ludicrous. Whether the court will award her the house is another matter. And, believe it or not, the fact that she left you for another man will probably not factor much in to the decision regarding who is awarded the house. Talk to a good divorce lawyer about your situation in detail. It's worth the effort and the expense.

If you and your husband purchased the new house during your marriage using community funds, then it is most likely community property subject to a just and right division as part of your divorce process.If there is a mortgage on the new house, in most circumstances, if the court awards the new house to one spouse, that spouse will also be obligated to pay the mortgage payments.  If both spouses are on the mortgage, the spouse to whom the house is awarded will sign a deed of trust to secure assumption to protect the other spouse in the event of a future failure to pay the mortgage.  If there is substantial equity in the new house, the spouse to whom the house is awarded may be ordered to pay a sum of money to the other spouse, which in most such circumstances will be protected by an owelty lien.Alternatively, the court may order the parties to sell the new house and then divide the net proceeds between you in a manner that is just and right.