Legal Question in Family Law in Texas
My husband continually spends money on (large purchases) without my knowledge. When I confront him on finances he becomes angry and says that because he is self employed, these items belong to the company and I have no right to ask or deny these habits, nor do I have any claim on these items. He is filing for a divorce and still claims I have no legal right to these large purchases. Can you advise me if I do have such right to claim equal amounts of what he has spent? Examples would be offshore fishing boats, RV's, approximately 10k in fishing equipment, Jeep, etc.
2 Answers from Attorneys
The law in Texas is this: everything that one acquires during a marriage is COMUNITY PROPERTY.
The exceptions are: things that you inherit, and things that are gifts, or things that you BUY wiin inheritance money, or things that you BUY with gift money.
The burden of proof, at trial, is on the person claiming the exception. There is a presumption that everything you own at the time of your divorce is community property.
In other words, you are entitled to half of his fishing boat, RV, fishing equipment, and his Jeep.
If the items were bought by him (as opposed to his company which might be an independent entity), then they are likely to be community property. You have a right to a share of the community estate, but it is not necessarily half; it could be much larger based on the facts that you gave. If there is an independent entity, such as a corporation, then the stock in the corporation might be community property.
Even if he bought the items through an independent entity, it is sometimes possible to "bust" the entity and have the court treat the property as if it were in his name.
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