Legal Question in Family Law in Texas

My boyfriend and I, who were living together in Louisiana since 2007, moved to Texas in January of 2011. Texas recognizes common law marriage; Louisiana does not. In May of 2011, my boyfriend bought a house and it was in his name. He used money from his 401k to fund the down payment, which was $40,000. We signed a Declaration of Marriage on October 6, 2011. Now we are divorcing. My question is, is the house community property? If the official date of marriage is October 6, 2011, then it would be separate property because it was purchased before October 6, 2011. If the official date of marriage is when we both started living together in Texas which is January 1, 2011, then would the house be community property?


Asked on 7/31/14, 1:22 pm

1 Answer from Attorneys
Fran Brochstein Attorney & Mediator

Not a simple answer. You have to prove a common law marriage before October 6, 2011.

That said, since I assume he used his paycheck to pay the mortgage then you might be entitled to a portion of the home. It might be irrelevant is it is community property or not. I assume that there is equity in the home or you might be entitled to 50% of -0- -- still -0-. So you need to research what the home is worth today on the market -- of course, if the house was sold he would not see 100% since realtor's fees and other closing costs have to be deducted from the profit. As you can see, this gets complex quickly.I recommend that you consult with a family law attorney in your county about your case. I also highly recommend mediation to resolve your case.

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Answered on 7/31/14, 1:28 pm


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