Legal Question in Family Law in Texas

Maybe, maybe not. The way it works is her separate property estate has a reimbursement claim against the community estate for the amount of the downpayment (assuming she can prove this chain of events). That means that if her downpayment from separate property was $10,000, then the first $10,000 in equity is payable to her. For example, if you have $25,000 in equity in yor home and she put up a $10,000 down payment, she would get $10,000 right off the top and then you would each split the remaining $15,000 50:50 (assuming you agree to a 50:50 split of community property).

Marital property issues get complicated fast. You should consult with a local family law attorney to get advice carefully tailored to your exact facts.

Good luck!!

I agree with Thomas Daley. Hire an attorney NOW!

It is assumed in the State of Texas that everything is community property. It is her burden to prove that it is NOT community property.

Plus, you re-financed the property.

In summary - not legal terms - you have a "tracing" mess!

It looks like you are in the Houston area. I'd call Patricia Bushman at 713-807-9405 for a consultation. Tell her that I sent you! I rent space in her office.

Remember, everything is negotiable in a divorce.

Plus, you will probably be ORDERED by the judge to attend mediation before you go to trial!

I estimate only 5% of cases actually go to trial in Harris County - it's too expensive & the judges don't like to hear cases for something as "boring" as property division! (Sorry - if this is your only issue - you have a really boring divorce!)