Legal Question in Family Law in Texas

separte property

If u sale ur home before marrage and invest the money after u get remarried is it separte property and if u new husband made sure and put all baills in name only. And left u/the house note of a doulbe wide and the money that was used for all the improvements on the property that came from the sale of the home u had before the marriage, And no way do u have money to moving it. And he has also made sure and taken out credit cards in ur name with out u knowing this untill he left, and charged up $8,000.00. Can u put a lein on the property the house seats on for the amount he has taken from u. Or can you just have a quick deed filed on him for the 1 and half acre that the house seats on after the divorce is fanilly. Since it is stated that he deeded the property over to u because of this debt. Is this correct? Please help, I have 2 kids and have been swindled for everything i have ever owned. Ty Sheila


Asked on 4/12/03, 11:33 pm

1 Answer from Attorneys
Basil Hoyl Law office of Basil Hoyl

Re: separte property

Everything owned at divorce is presumed to be community property unless it is shown to be separate property by clear and convincing evidence. It can be shown to be separate property by showing it was owned before the marriage or was acquired during the marriage by gift or inheritance or can be clearly traced to separate property (the car was owned before the marriage, sold and the proceeds used to purchase the new item). The principal place of residence (homestead) may not be sold for ordinary debt (credit card debt). You should speak with a divorce or family lawyer in the county in which you reside.

http://www.reasonable-doubt.com

Read more
Answered on 4/13/03, 12:55 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Texas