Legal Question in Family Law in Texas

I am going thru a Divorce, we are getting along and most likely will resolve everything without a Court Battle. I would like to know this though before I sign off on any agreements to her. I obtained a large Inheritence from my Father back in 2005. During the past 7 years "All of My Money" has been used up, for down payments on 3 homes, including the current one, that's in her name only (Due to my Past Credit History). I had also bought a Handicap Van for her son's use, and paid cash for it out of my money. It's in may name. I also have had Home Improvements (New AC Unit , Fence. etc.) completed on our current home. All the Furniture in this home was paid for from my money. I also had put in a Swimming Pool in one of the other homes from the above money. Our current home is up for sale at this time. Now about 2 years ago she used part of her Yearly Company Bonus ($28,000.00) to pay off the remaining (2) years of my Child Support to my Ex-wife, her decision. I have also had money deducted from my pay check for "Her Son's Insurance Coverage" of about $200.00 per month for 15 months, due to her not putting him on hers. Now with all what I have spent in the last 7 years, she does not count any of that towards what I have put into our Marriage. She wants me to pay her back the $28,000.00 (to be put in her 401K for her), keep the Van, keep all money made on the Sale of our current home. She makes more than I do, but she wants this stated in a Spousal Support Claus for the next 46 months at $750.00 per month. Basicly she wants me to pay her back any money she had to use out of her Income for the last 7 years, but nothing to me from her. I know Texas is a 50-50 State, but because nearly all of the above mentioned money is from "My Inheritence" does that Count for anything, and if nothing else, would she not be liable for at least half of what was spend out of My Inheritence, back to me. Or if I can prove what was spend using my Inhertience Money, get that all back from her, which I have figured it out to be about $90,000.00 ? I don't want to fight with her, but just want it to be a fair deal to both of us.

Thanks for Your Help in This Matter!

James (JT) Templeton


Asked on 10/09/12, 5:09 pm

1 Answer from Attorneys
TC Langford Langford Law Office

PLEASE hire a lawyer immediately to review these details. Inheritance is separate property and earned income is community property. The burden is on the person claiming separate property, since at the outset it is presumed to be community. If you can track your funds, you may have a viable claim to separate property, or to a reimbursement. It sounds that much of your monies were commingled and may have lost their separate nature. Nevertheless, her work bonus is community property, and she has no claim to be repaid. You have a situation which requires legal representation, and I fear you would later regret not having your interests represented.

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Answered on 10/10/12, 7:48 am


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