Legal Question in Family Law in Texas
In a divorce, does my husband have rights to the equity of a house that I purchased after separation?
His name is on the loan, but he never lived there or contributed to the down payment, furnishings, improvements or repairs.
In our divorce he wants to claim half of the equity. I bought this house cheap, it was repossessed and I have made many improvements and the value now is much more than what I paid for the house. My husband wants to have half of the increased equity. I have only live in this house 8 months. We have another home that we lived together for over 17 years. I found out he was having affairs with younger women and I bought the little house to secure my future and now he wants to take part of it from me after I have worked so hard on this house to make improvements.
1 Answer from Attorneys
The Texas Family Code does not recognize separation as a formal legal concept, and it has no legal effect - you are still considered to be married. As Texas is a community property state, any property purchased or acquired during the marriage is considered to be community property, and subject to "just and right" division in a divorce. ( There are some exceptions to this, such as property acquired by gift or inheritance.)
That being said, "just and right" division does not necessarily mean an equal division. The court will take into account your individual circumstances in dividing the community property.
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