Legal Question in Family Law in Texas

Divorce

My husband and I received a loan from his parents to build a home on a couple of acres. We have been paying on the loan for 5 years. We are paying it back at 6.5% interest for 20 years. The loan was for the new home and a couple of acres. The land is in his parents name. We never signed any paperwork as they didn't want a paper trail that would affect their social security. However, I have paid homeowners insurance on the home for the past 5 years and have bank statements to prove that. It was basically a verbal agreement. Now that we are getting a divorce, I have moved out and my husband said he is going to sale the house. He says I am not entitled to anything since I don't have anything in writing and the property is in his parents name. Is that correct? I also have $40,000.00 worth of receipts for all the materials purchased to build the home.


Asked on 4/23/09, 3:36 pm

2 Answers from Attorneys
Robert Matlock Robert J. Matlock, P.C.

Re: Divorce

The short answer is - You need to hire a lawyer.

The court will not permit one spouse to "steal" from another by using the community property assets improperly. Clearly, the payment of $40k from community property money indicates some form of agreement - purchase, lease, etc.

The court will also not permit persons to benefit from improper activities.

Bottom line - a lawyer and accountant need to trace the financial transactions and present the evidence to the court of what happened and why.

Read more
Answered on 4/23/09, 4:05 pm
Fran Brochstein Attorney & Mediator

Re: Divorce

If you need an attorney in the Houston area, I highly recommend PAT BUSHMAN. She is also on this website.

You definately need to hire an attorney ASAP.

Good luck!

Read more
Answered on 4/23/09, 8:31 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Texas