Daily Archives: April 5, 2019

house after divorce
A major aspect that is affected by divorce is the finances of the spouses. If not handled well, this can turn into a big chaos before, during and after the proceedings. A lot of the assets and properties will be in consideration for division but in this article, we will focus on the house. If not adjudged in one of the parties favor, one will be tossed out of it while one remains in it. There are two options for this. The first one is selling the house, and the second one is that the spouse who remains in it will continue paying future amortizations without obliging the other spouse to pay for such.  Selling the House In most cases,  the best way to go is usually selling the home which will be part of the divorce decree. The spouses will have to hire a realtor who will put the house on the market and then have the home sold in the terms the spouses have agreed upon in their Final Divorce Decree. After such process, dividing up the proceeds of the sale can assist both spouses in starting their lives again after the divorce proceedings.  Remaining in the House If one of the spouses decides to remain in the house and the other spouse did not oppose to such decision, it is then important to determine whether he or she will qualify for a refinance of the mortgage based on the income of the spouse who will be staying. If refinancing is possible, then the next step to take to start the process in relation to the terms of the divorce settlement is working with the lender so that the process will be done correctly. The spouses will be entitled to whatever their shares of the home’s equity will […]

What Happens to the Mortgage After Divorce?

snooping around
While most think that being married means being one with your spouse, it doesn’t mean that you shed your individuality. Yes, you will share many things with your spouse, but no, you do not become one. Each of you has rights and you can even invoke this against the other. Setting boundaries is not meant to put a wall between you and your spouse, it is a healthy mechanism to preserve your individual rights – and sanity! Trust and respect are the foundations of a good and lasting marital relationship. If you trust your spouse, you should respect his or her rights. And even if you don’t want to, you still have to. After all, it’s what the law mandates. The Texas Constitution recognizes and protects personal privacy from intrusion that is unreasonable. Texas protects individuals against numerous forms of invasion of privacy. This includes public disclosure of private facts, among others. You cannot invade the privacy of your spouse A person cannot intentionally intrude upon another’s seclusion, solitude, or private affairs through physically invading their property or by eavesdropping on a private conversation via microphones, wiretaps, or spying – even when married to each other. Also, snooping around is a big no-no. Snooping around between spouses has been increasing as the technology for modern surveillance becomes more accessible and affordable. Marriage does not remove an individual’s right to privacy A case in Texas ruled by the state’s Court of Appeals stated that there is nothing in Texas law that suggests that the right of privacy is only applicable to people who are unmarried. The actions of a spouse in recording the other spouse who the former believes is in complete privacy, could be considered as an invasion of privacy. This violation is considered a tort that could entitle the […]

Right to Privacy Between Spouses