Legal Question in Family Law in Texas

Separate Property

This question pertains to seperate property issues in Texas. My husband and I engaged 6/95, we looked at over 60 homes and settled on one, he paid 115,000 cash for it on 8/95 then we married 9/95. AFter two years we took out a home equity loan for 79,000 which paid off accumlated debt and also made capital improvements to our land. Then one year later we took out another Home Equity loan for 109,000 which consolidated the 79,000 and again paid off accumulated debt. We are now divorcing. Is the house still considered seperate property? We also have a seven year old that is in first grade. I am petitioning to remain in the house with our child.


Asked on 1/29/04, 2:12 pm

1 Answer from Attorneys
Elizabeth Schaefer SCHAEFER LAW FIRM

Re: Separate Property

Yes, the house is still his separate property, but the community estate has claims for capital improvements and paying down his separate debt.

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Answered on 1/29/04, 3:10 pm


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