Legal Question in Family Law in Texas

If I owned my house and land (paid for)prior to getting married but I had a home equity loan that I used to build a barn prior to getting married. Would my wife be intitled to anything in a divorce.


Asked on 3/13/12, 7:01 pm

1 Answer from Attorneys

M. Elizabeth Foley The Law Office of M. Elizabeth Foley

Maybe. Arguably, if community funds were expended on paying off the home equity loan (meaning payments were made after you got married, generally), she could argue that she has an interest in that amount of community property. But it doesn't actually give her any interet in the land or structures, because they retain their separate property character. So, you might have to reimburse the community estate for some of the money you put into those payments, if she wants to push the issue, payable out of cash accounts, retirement funds, as a debt owing to her to be paid after the divorce, or whatever works out, but she shouldn't end up getting your land because of it.

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Answered on 3/13/12, 8:06 pm


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