Legal Question in Family Law in Texas
In the state of Texas do you have to be married for a specified length of time before you have half ownership in your home or automobiles if you are fixing to divorce? Also, what is the specifics on "community property"? Does that include property that a spouse had before the marriage?
1 Answer from Attorneys
The presumption in Texas is that anything you acquire during marriage ("inception of title" is important) is community property, unless you acquired it by gift or inheritance.
If a man puts a down payment on a house, then gets married, then makes 17 house payments, the house is SEPARATE property (based on inception of title) but the COMMUNITY estate has a claim against it (since there's a presumption that he made the house payments out of his earnings, which were community property).
Property owned prior to marriage is separate property, not community.
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