Legal Question in Family Law in Texas
Separate property used as collateral
My parents deeded 10 acres to me after I was married. On the general warranty deed, this land is listed as my separate property. My husband and I built our home on this land, and the 10 acres were used as collateral for the mortgage. We are looking at getting a divorce, and now my husband is saying that he is entitled to half of the equity of this land because this separate property became comingled once we used it as a down payment for a joint loan. Is he correct?
1 Answer from Attorneys
Re: Separate property used as collateral
This is a complex area of law that people often disagree about, and has resulted in a great deal of caselaw. More than likely there will be some reimbursement between the separate and community estates. Excellent recordkeeping will go a long way to preserving the separate identity, however, there is no doubt some commingling.
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