Together 41/2 yrs Married 1, his mother bought our home

His mom left everything to him, do I have any rights
to get anything out of this divorce, I have taken care
of our home while he was in an out of prison for 41/2
years never worked in 5 years , Can I fight for

Asked on October 21, 2017 under Family Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If she owned the home (you say she "bought" it) then you have no right to the home: you cannot get another person's property, and his mother owes you nothing. Even if she passed away ("left everthing to him"), you would not be entitled to the home or any share of it, because anything inherited by a spouse is his or her "separate" property and is not part of the marriage or marital property: i.e. you don't have an interest in inheritied property.
Rather, you are only entitled to a share of the marital property (what you and your husband owned together or acquired, other than through inheritance, in marriage) and also to spousal suport (alimony). Typically, if the other spouse was the breadwinner or made more than you (which is implied by you not working for 5 years), he will have to pay you monthly support for at least several years, possibly forever. The amount of support varies by how much he earns, the lifestyle the two of you had, your earning potential, etc., so it is impossible to give you a general number or guidance, other than to say that the more he earns, typically, the more you will get. If you have children together, he will also have to pay child support if you get custody.

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