Legal Question in Family Law in Texas
Community Propery in Divorce
Lets say I buy a house and then get married a year later. She or I will make the mortgage payments and we then get divorced 5, 10 or even 15 yrs later. Would this not be separate property as it wasn't acquired during the marriage? Does it matter then who pays the mortgage or how long you are married? Lastly, does it affect your answer if she is on the title?
Thanks!
1 Answer from Attorneys
Re: Community Propery in Divorce
Yes, it makes a big difference. If her name is on the "title" (deed) she is a co-owner and none of your other questions really matter.
If you buy the house (in just your name) prior to the marriage, it is and will stay separate property, but if all but that first year's worth of payments, upkeep, etc. have been from community assets then she will have a claim against your separate property.
This kind of property issue can actually get pretty complicated. You really ought to take your questions to a good family law attorney if you really think this is going to be an issue for you.
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