Legal Question in Family Law in Texas
Community Property?
When my wife divorced her ex she gave him their house with the stipulation she would receive $30,000 if he sold or remarried. Neither event occurred but they have now come to an agreement the husband will sign over the unmortgaged property for $20,000. Two years ago we paid $8,000 for delinquent property taxes the ex had not paid though living there. Now she wants the additional $20,000 to buy him out and another $2,000 for taxes now due. We are to move into this house but I am not to be on the title as she wants the property in her name only. If we invest $30,000 do I have no claim on this property in the instance of divorce? She wants to keep it in the family as her grown sons still live at home. We have been married 4 years--she has never worked.
1 Answer from Attorneys
Re: Community Property?
You need to document in writing that $30,000 of community property is being spent to increase her separate property, in the event of a divorce. Further, in the future, if the community estate makes improvements to the property, it should also be documented.
An attorney can prepare such a document for only a few dollars, and it is worth it.