Question:
What's the diference between an annulment and divorce? I'm brazilian and I've been married to an American citizen since Jan. 2005. We've been living together since Oct. 2003. My husband is talking about annulment, and I want a divorce. We have a house (my name is in the tittle) in Austin, TX that we bougth in May 2005. In Texas Law, if we annul or divorce, will the judge force us to sell our house and divide the proceeds 50/50 between us?
Answer:
Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Texas. It depends what the law of Texas is as far as annulment versus divorce. In general, annulment is totally driven by what your state statute says are "grounds" for the annulment. Please consult an attorney on this and if it has any impact upon your ability to remain in this country. As far as the home, in general, each of you are entitled to one-half of the equity in the house. It is not a requirement that the house be sold, if one of you can buy the other one out (such as through a refinance). Good luck.
