Legal Question in Family Law in Texas
I bought a nice home in feb.17,2009 Then I got married in April4, 2009, and she moved all her belongings out in july 2, 2009. We have not yet filed for divorce as of yet and every time I tell her I want and am going to sell the house and move, she gets bent out of shape and says wait till after the first of the year to get Obamas stimulas package on first home buyers. Can she lay claim to any monies or stimulas if her name is not on the house or gave no monies for down anywhere on the house or anything for that matter?
1 Answer from Attorneys
The simple answer is: your house is separate property, and the "community" may have a very small claim against it for reimbursement (measured by the amount that the principal on the mortgage was reduced by virtue of payments made during the marriage).
It is possible that you will have a problem selling the house (without her signature) while you are still married. The problem would be with the closing folks.
Any money that you receive during the marriage is presumed to be community property. This would include "stimulus money."
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