Legal Question in Family Law in Texas

my mom and divorced in 81. mom got possession of the house with 16 acres valued today at about million dollars. she remarried soon afterward. agreement between my mom and stepfather was that my mom keeps her property and my stepfather keeps his. in the following years after they married my stepfather had all his real estate property transfered to his kids. about 6 years ago had a legal document drawn up to hold my stepfather to his promise. he signed reluctantly he even has stated in the last few years that he should be able to claim part of her property. one of my brother has been after her to sell the house for the last 5 years to the point he has caused friction within the family. mom doesn't want to sell. she's been in the house for 46 years. mom 84 stepfather 90 both are in bad health.

i wondering if she is made to sell the house and buys a different house will that house become community property.


Asked on 7/11/16, 12:04 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

One question is whether the house was completely paid for in 1981 when your mother got divorced.

If it was, that is, if she did not make payments on the house during her second marriage, then the house is 100% her separate property. The proceeds of the sale of the house would also be her separate property. Anything that she buys with the money from the sale of this house is her separate property.

She will need to make sure that she can trace the money from the sale of the house to the new thing that she bought (which she will want to claim as her separate property).

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Answered on 7/15/16, 12:59 pm


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