Legal Question in Family Law in Texas

I have been married to my husband for 3yrs in Aug. property was owned before married. If I sell does any of the money go to him, or is it all mine. Im in Grimes county tx.


Asked on 6/13/10, 12:03 pm

2 Answers from Attorneys

Bob Leonard Bob Leonard Law Group, PLLC

Talk to an attorney before you do anything. Generally, property owed before marriage is separate property. but what you do with the proceeds from the sale COULD convert it to community property; for example, if you commingled it with other property and could not trace it back to the sale. At divorce, there is a presumption that all property is community and it is sometimes difficult to prove otherwise.

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Answered on 6/14/10, 8:00 am
Jeffrey Brashear The Brashear Law Firm, PLLC

Based on what you have written, you should consider hiring a law firm to assist you with protecting your rights and interests. Most of the time, property owned prior to a marriage is considered seperate property. Problem that comes is upon the sale of the separate property and the conversion into community property. You really need a law firm to help you with this.

The above response given is not intended to create, nor does it create an on-going duty to respond to questions. Additionally, the response does not form an attorney-client relationship, nor is it intended to be anything other than an educated opinion. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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Answered on 6/14/10, 12:06 pm


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