Legal Question in Family Law in Texas
Community property before legal marriage
recently separated. Husband states he is entitled to half of property although it was bought when we first started living together before marriage. I did not use his name until legally married and the house note is in my name. Is he right. And should I refrain from any major home improvements until this is settled?
2 Answers from Attorneys
Re: Community property before legal marriage
Property acquired before marriage which can be specifically identified as such remains the separate property of the purchaser unless a gift of it was made to the other spouse after marriage.
Gets complicated.
Regarding the house, it depends upon whether or not each party can make a showing of a contribution to the property. One making a substantial economic contribution to the betterment of the property will have a community interest in the property even without having it in his/her name.
The house appears to be yours, but I have no way of knowing if your husband will be adjudicated a community interest in the property because he made some of the payments or performed the maintenance or both.
I would hold off on doing major improvements to the house until you know what you interest in it is and the status of the house in the overall community evaluation.
Re: Community property before legal marriage
Texas recognizes common law marriages which can occur prior to the legal marriage in similar situations. If your husband can prove that he was common law married to you prior to the legal marriage, then he may have a valid claim to 1/2 of the community property.