Legal Question in Family Law in Texas

New Marriage - New House

I've been in a house over 10 yrs. Future spouse no house. Will be getting married in two months. Plan to sell house and buy a new one together - approx. proceeds $40K. If sold before marriage but use proceeds, what are my rights if a divorce occurs? If sold after, are proceeds community property?


Asked on 7/25/00, 4:21 pm

1 Answer from Attorneys

James Grissom Law Office of James P. Grissom

Re: New Marriage - New House

The $40K is separate property regardless of when the house is sold. If invested into a community property asset of the new marriage, the proceeds would become a comingled community property asset unless a pre-nup provides that you would receive the 1st $40K of proceeds from the sale of the new house upon divorce.

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Answered on 9/12/00, 5:19 pm


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