[moeman]

I am married and seeking a divorce in Texas. I was only married 2 month before a separation due to physical abuse. She claims she is entitled to half of my property and retirement. How much is she really entitled to?
She owned a house and still has the house up for sale but has not made payments on it. It is not in my name at all but she claims I have to help her with it. Do I?
We have not bought anything together as to this day.

[cdad]

Usually in short term marriages such as yours you would file for annulment and that has different rules to it. What have you filed for ?

[moeman]

Usually in short term marriages such as yours you would file for annulment and that has different rules to it. What have you filed for ?

I cannot file an annulment because she will not let it. There are certain cryteria that has to be met. I will have to file the diviorce but she says she is entitled to everything and will take me to the cleaners. I make about 3 times what she does so she is upset. She is a violent person and gets physical with me when she gets mad.

What should I do?

[cdad]

Your state recognises separate as well as community property. So long as you didn't buy anything together then anything prior to marriage would be separate unless you agreed upon it in writing. Take a look at the following link.

Texas Property Division Laws

[stevetcg]

She can claim anything she wants, but unless it was obtained as joint property she isn't going to have much of a claim to it.

As for her house, if she expects help with it she is also planning on giving you your share of it, right? She can't get it both ways.

It sounds to me like she thinks that this is the 60s and just cause there was a wedding it automatically gives half to both parties.

She MIGHT get a little bit. How much of your retirement plan was contributed to while you were married? I can almost promise she won't get a claim to that. If she has a good lawyer she might get a cash settlement for a fraction of the value, but even then with such a short union I doubt it.

Note: I am not a lawyer. I just read a lot and unfortunately, know a lot of people who have been divorced.

[stevetcg]

I cannot file an annulment because she will not let it. There are certain cryteria that has to be met. I will have to file the diviorce but she says she is entitled to everything and will take me to the cleaners. I make about 3 times what she does so she is upset. She is a violent person and gets physical with me when she gets mad.

What should I do?

Next time she gets physical with you, have her arrested. Abuse isn't just wifebeaters. It goes both ways. You may be bigger than she is and you might be able to "take her" in a fight, but that doesn't make getting hit suck any less.