What am I entitled to financially?

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What am I entitled to financially?

I live in Arlington, Texas. My husband, of 25 years, without warning, walked out on me and our home. Totally devastated. We have been living apart for the last year and half, with no communication. We have never filed for ‘legal separation’ or ‘divorce’. Until yesterday and wanted to talk about legal separation. I believe he has started to receive or will receive disability from ssi. I have been struggling for the past 2 years with no assistance. I make 16/hr and have a mortgage that takes up 1 paycheck, that’s not including my other necessities for living. But I want to know if I am entitled to any financial support from him due to his abandonment of me the property. Also, he was in the military for 2 years w/honorable discharge. Would I be entitled to any of those benefits? Would I get to keep and my home in my name only? Of course, nothing can suffice the mental anguish I have had to endure. Please help and advise, what is my next course of action. Thank you in advance.

Asked on March 29, 2018 under Family Law, Texas

Answers:

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

Answered 3 years ago | Contributor

U am so sorry for your situation.  Texas is a community property state, meaning that property is gnerally divided equally in a divorce.  But the truth is that the court has the power to divide property based upon what is "just and right" depending on the particular facts of a situation.  Separate property remains separate but what is considered separate is not always a clear line. Generally property owned prior to marriage is considered spearate but that can become "transmuted" in to community or quasi-community property in a long marriage or by the actions of a spouse.  You may be entitled to alimony and yes, the military pension is partially yours, but beware: you need a lawyer that understands how they are divided.  That is a specialty.  And it was only 2 years so likely it is not much if anything.  Your next step is to seek legal help to sort through everything.  Try legal servives. Good luck.


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