Legal Question in Family Law in Texas
Community Property
I re-marry and bought a house with the money from my first marriage. My present husband had a house previously before we married, but I refinance the house under my name since he filed bankruptcy after his first marriage. I have been supporting my present husband for 4 1/2 years. I am the one that have been paying the house that we are leaving in and i rent the other house that I bought with my money. Do i have a right to put up the house for sale without his consent?
1 Answer from Attorneys
Re: Community Property
Which house? If the income and expenses of the rent house have not been co-mingled with community property of the second marriage, you could sell that one w/o his permission. Your current husband would likely have a community property claim (maybe not much if you have been supporting him) on the second house. If you have done this before, you should recognize the benefit of a good lawyer.
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