I need a divorce and I need to know how to get my wife’s name off the deed to the property.

I live in texas and my wife has abandoned me and the property for the past 6 months in georgia with no plans on coming back. The home is 100% financed in my name and she is not contributing anything towards the mortgage at all. Please tell me what to do next to resolve my problem.

Asked on July 7, 2009 under Family Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You need to seek a divorce attorney in your area as your next step.  Although you did not specify I am assuming that the house was acquired during the marriage.  Therefore it is not separate property but community property.  In a divorce action Texas is a Community Property state.  It has been defined as:

"... property, other than separate property, acquired by either spouse during marriage. This is true even if only one spouse has possession of the property. Just because one spouse is named on the title, deed, or account; one person receives the asset as payment for personal services (ie: salary); or the asset will not be paid until a future date (ie: retirement) do not make it separate property. There is a presumptionthat all property possessed by either spouse is community property. Separate property ownership must be proven by clear and convincing evidence. "

A lawyer will help you either negotiate a settlement with your wife or help you start divorce proceedings, depending on what you want.  Good luck. 


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