Legal Question in Family Law in Texas
Shared Liability
My husband bought a home prior to our marriage. It looks like we are splitting up. Am I entitled to half of the house?To sell it major repairs need to be made and there will most likely be a loss. Am I half liable for thr loss? Can I say in the decree that I don't want 1/2 the house?
2 Answers from Attorneys
Re: Shared Liability
The house is his separate property. In order to determine if the community estate is owed reimbursement from his separate estate, an attorney would need to review your financial information.
Re: Shared Liability
Theresa is right.
One more thing you would be wise to consider is filing for temporary orders when you file your divorce petition. Have a clause in the temporary orders that your husband is not allowed to spend community property resources to fix up the house, since it is his separate property and it will sell for a loss anyway.
It is best to keep as much of your community property in liquid assets as possible (cash is king) while your divorce is pending.
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