Legal Question in Family Law in Texas

We both had homes prior to getting married and I sold mine because financially it made more sense. Because of the kids can I request the house as part of the divorce settlement even though he had it prior?


Asked on 8/30/10, 9:11 am

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

If he owned the house prior to the marriage, it's his separate property. It's likely that house payments were made during the marriage with community funds, which means that the community estate will have an interest in the house.

You may be able to convince the court to "award" the house to you while the kids are minors, and the Judge would require you to give the house back to Dad after the kids are grown (and make house payments while you lived there).

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Answered on 9/05/10, 2:39 pm


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