Legal Question in Family Law in Texas
Separate vs. Community Property
When husband and I were married, I was two years away from paying off my 30-year mortgage. Therefore, the house was paid off during our marriage of 7 years. Would the house be considered community property (Texas) even though I was paying for it separately for 28 of the 30 years? Also, after the house was paid for, my husband improved the house significantly with his own money which markedly increased the value of the home. Will those improvements factor in to the decision of property ownership?
1 Answer from Attorneys
Re: Separate vs. Community Property
Everything owned at divorce is presumed to be community property unless proved by clear and convincing evidence that it was acquired during the marriage by gift or inheritance or owned before the marriage. Since the house was owned before the marriage, it is separate property, but the husband may have rights to reimbursement for funds expended on the property. You can do a divorce without a lawyer, and you can amputate an injured limb if you don't have a doctor, but neither is always the best idea.
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