Legal Question in Family Law in Texas
Sale of community property
An engaged couple purchased land before they were married with the intent of someday building a home on this land. It was purchased only a few months prior to the marriage and it was not paid off until several years into the marriage by both of the spouses income. They are in the process of a divorce and just recently the woman found out that in Aug. of '99 the husband sold the land (without her knowledge). She also discovered that in 1998 a 104,000.00 home was built on this land. Does the wife have any claim to the money from the purchase of this land and what action should be taken given the above facts?
1 Answer from Attorneys
Re: Sale of community property
First of all, it's not community property if soon-to-be husband and wife bought it together prior to marrriage. Second, you just can't sell land without all the persons listed on the old deed signing off on the new deed. Something's fishy here, and it sounds like you can get some relief. The first thing wife should do is obtain a title abstract which will consist of the deeds and so forth. Then, wife should take those documents to an attorney.
On rereading your question, it appears the wife has an attorney. The wife ought to tell her lawyer about these events right away.
By the way, wife can find the now-record landowner online - I'm assuming this property is located in Texas.
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