Legal Question in Family Law in Texas
Home purchased with ''gift'' money. Who's is it?
My husband has asked for a divorce. We were living together before we purchased the house.He purchased our home one month before we got married with money his parents ''gifted'' him. We both moved into the house and have lived here for the duration of our marriage. He says I have no claim on the house since I have not worked since we moved into the home, meaning I have not put any money into it. I don't want to keep the house, but am I entitled to any of the equity in it? Is any portion of the home mine?
1 Answer from Attorneys
Re: Home purchased with ''gift'' money. Who's is it?
It sounds like a simple question but it's not.
If he purchased before marriage, it's his separate property.
But your attorney will aregue that you married the next month!
However, the argument can be made that it's not fair just to kick you out.
He'd argue that you'd have to pay rent somewhere and that you lived there for free.
If he refinanced the home during the marriage, then it's probably shifted to community property.
Division of debt and assets is how divorce lawyers stay in business.
You need an attorney.
Good luck!
I'm anticipating a follow up question:
Since you have been living in the home, you don't need to move until a Judge tells you to do so!
If he re-keys the house, you are free to have a locksmith let you in since it's your home.
Call the sheriff, cops or whoever patrols your neighborhood. If you are living there, you should not be arrested for entering your home.
Be careful - it's not worth your life to continue to live in the home. If you are in danger - LEAVE!
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