Legal Question in Family Law in Texas

We live in Texas. I bought a house in 1992 in my name only and with only my funds. My girlfriend at the time moved in with me. We married in 1994. Around 2002 I refinanced tthe house and also put my wife's name on the mortgage. In the event of a divorce is the house community property or my personal property?


Asked on 9/17/10, 10:06 am

1 Answer from Attorneys

Keith Engelke Law Office of S. Keith Engelke

A house, land, and property attached to the land are real property. The term personal property means property which is not real property.

Property acquired during a marriage is community property which is not a inherited or a gift is community property. Property which is not community property is separate property.

I think you want to know whether the house is your separate property.

This is an interesting question. When you acquired the house it was separate property, burdened by the mortgage debt. Title to the house never changed so it is still separate property. The funds you used to pay the debt were separate funds until you married in 1994. If you paid the mortgage with property that was community property, the community estate has a claim for reinbursement of any community property used to pay the mortgage..

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Answered on 9/22/10, 3:10 pm


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