Legal Question in Family Law in Texas

I live in Texas, am married and while married have bought a house, I am the only one paying for the house and the only name on the mortgage loan. I had my husband sign a document that states the house is not his, this is a legal document that went to the title company and so my name is the only one on the house. We are separtated and possible divorce but regardless if we stay together or divorce does he have rights on the house. He does not make much money and does not contrubute financially at all.


Asked on 5/14/10, 11:13 am

2 Answers from Attorneys

Ken Gober (Austin TX) Lee, Gober & Reyna

Normally the house would be community property because inception of title was during the marriage, but It sounds like you may have done enough to have a "separate property agreement" for the house. I can't give you a definitive answer without seeing the actual agreement/document that your husband signed.

You also asked if your husband has any rights. That is a pretty broad question, one thing that comes to mind is that your husband MAY have a claim for reimbursement from you because your income was used to pay for the mortgage on your separate property. This has been a well litigated topic and there are arguments both ways on this.

I am an Uncontested Divorce Lawyer and charge clients a flat rate of $875 for a Divorce in Texas. If I can help you, call me: 512-478-8080.

Good Luck!

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Answered on 5/19/10, 1:52 pm
Fran Brochstein Attorney & Mediator

I would encourage you to talk to an experienced family law attorney in your county.

Yes, it should be your property.

However, often in a divorce, one spouse will give the other spouse some money to settle the cash. How much? Depends on many factors. Sometimes it is cheaper to just pay some cash to get a quick divorce instead of paying thousands of dollars in a litigated divorce.

That is why I encourage people to hire an experienced family law attorney that is knowledgeable about how the courts operate in your county. If the divorce drags on for 2-3 years and you are going to do extensive discovery, 2-3 mediations, depositions, numerous hearings, etc. it gets cheaper just to give one spouse some $$ and make the case go away instead of paying $$$$$$ in legal, counseling and professional fees.

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Answered on 5/19/10, 7:58 pm


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