Legal Question in Family Law in Texas

Community property subject to sole management control

I have been seperated from my husband for almost 3 years. I have lived in and maintained the house we bought together during this period. How or can I file a petition to soley manage, control, and dispose of what is currently considered community property? I want at year end to be able to claim the interest on the house alone since I am the one making the payments, currently I believe I must split the interest or not use it at all on taxes.


Asked on 8/08/00, 1:30 am

1 Answer from Attorneys
James Grissom Law Office of James P. Grissom

Re: Community property subject to sole management control

The interest deduction belongs to the one making the payments. If you want the house as your property, you would have to seek an award of the property in your divorce. As it stands now, you are paying and preserving the community property asset for your husband; and technically you would owe him rent for your presence there. In practice however, your rent obligation would be offset by your payments and maintenance of the property.

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Answered on 9/14/00, 10:35 am


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