It sounds to me as though your SBTX is like a lot of ex’s out there. It’s not bad enough that you have lost a parent but he wants to capitalize on that loss. I would say that as long as he isn’t named in the will, then it’s all yours. Here’s what I found on the home site: You’ll love this[;)]
Excluded, however, from the definition of marital property are gifts and inheritances, received by one spouse only, from third parties, whether such property is acquired during the marriage or not. Such gifts and inheritances are that spouse’s separate property and do not get divided with the other spouse.
You can file divorce from bed and board: Here’s info on that.
Divorce from bed and board is a fault-based action, usually brought by an injured spouse to get the court to order the other spouse out of the residence. If brought in conjunction with other claims (custody, child support, distribution of property), a judicially ordered separation pursuant to the prayer for divorce from bed and board establishes the separation required for those other actions. The complaint for divorce from bed and board must be verified and it must contain the required allegations of residency.
Only the injured party may apply for a divorce from bed and board. The complainant seeking a divorce from bed and board must establish at least one of the six fault grounds enumerated in the statute: abandonment, malicious turning out of doors, cruel or barbarous treatment, indignities, excessive use of alcohol or drugs rendering the condition of the other spouse intolerable, or adultery.
The method for proving any of the six grounds for divorce from bed and board is the same as the proof required for any of those same grounds under the alimony case lawThe complaining party must prove the ground by the greater weight of the evidence
I would say that filing for divorce from bed and board would be something to look into but keep in mind that the separation term of one year and one day does not begin until one of you move out. No you are entitled to 1/2 the marital assets and debts, which is equitable distribution. This means that you will not lose any rights to the home if you move out unless you sign away your rights to that effect. He would not have to sell the home but that is only if he has the funds “buy you out”. The house would more than likely have to be refinanced or sold no matter who moves out to get the other’s name off the mortgage and deed.
Hope this helps, keep us posted and good luck!