Legal Question in Family Law in Texas

Community Property

I was remarried in 2004. My new husband moved into my home that I got in a previous divorce. I still am paying the note. I think I have 5 yrs. left on it. We have added 2 rooms onto it. I also own with my brother a rent house on the same property. His mother has moved in with us and his son is there. We are having alot of problems and he threatens to take everything I have. Does he have any rights to the property? Will he be able to take it from me? And how would I make him leave the property? He says he won't leave because he has just as much right to be there as I do.


Asked on 9/07/06, 1:10 pm

2 Answers from Attorneys
James Grissom Law Office of James P. Grissom

Re: Community Property

Community has different right and obligations. From what you say, you have the greater right to the property, but he may have a claim for reimbursement for 1/2 of the value of the improvements less the value of his residential use of the property. Usually, those amounts are close to offsetting each other. If you are concerned about this and worried about the monetary value of your community property rights, see a lawyer ASAP.

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Answered on 9/07/06, 2:42 pm
Fran Brochstein Attorney & Mediator

Re: Community Property

I agree with James Grissom.

You are asking a very complex question. You definately need to consult with an attorney.

I find that threats are pretty common when a couple is considering divorce.

Only a Judge can remove him from the property since it is where his current "home" is.

You need to probably file for divorce and ask for temporary orders so you can get in front of a judge and get him removed from the property.

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Answered on 9/07/06, 8:44 pm


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