Legal Question in Family Law in Texas

Re: Community Property vs Seperate Property

Here's my opinion - which is not shared by all courts:

1. You owned separate property before the marriage. 2. By putting her name on the deed, financing, etc., you have given her a one-half undivided interest in the real estate. 3. That does not make it community property, it means you both own a one-half undivided separate property interest in the real estate.

Now, why does that matter?

A court with just a divorce petition cannot divest either spouse of their separate property. Yes, that would mean the divorce court could not split up the real estate. Either of or both of you would have to file a partition suit in the civil court, just like if you owned property with someone not your spouse.

That's perhaps more than you wanted to know, and my opinion is not shared by all lawyers or all courts, but I believe it is the correct analysis.

Thank you for your inquiry. ERIC WILLIAMS