Legal Question in Family Law in Texas

According to your facts, the house is your separate property and the court cannot divide it. HOWEVER, if you paid on the debt secured by the home (i.e. the mortgage) using community funds (e.g. wages earned during the marriage), then the community estate is entitled to a reimbursement claim for the amount by which the principal was reduced during the marriage. The community estate may also be entitled to a reimbursement claim for improvements made to the house using community funds in an amount equal to the increase in value to the house.

DOUBLE HOWEVER: Reimbursement claims are equitable in nature, meaning the court looks at what is "fair"--although don't ever use that word in court. And it is equitable for the court to look at offsets to reimbursement claims, such as your husband having a place to live during the marriage.

Property issues are complicated, particularly when they involve a mixture of separate and community estates. Please consult with a good, local family law attorney so that he or she can ask you all the myriad questions we tend to ask before giving advice carefully tailored to your exact facts.

Good luck!!