Legal Question in Family Law in Texas

My wife and I have been separated and going through a divorce for about two years now. I recently had to buy a new car to replace a car with major issues. She is now claiming that because our divorce is not final she is entitled to half the equity of the car. If the car is in my name only and bought with money that I have earned after the separation, is she entitled to half the value? We are at the very end of the divorce agreement, there are only a few things we do not agree on. She told me if I signed the paperwork as is, she would not pursue equity on the car; but if I do not sign as is, she will. What are my options?


Asked on 7/27/12, 7:16 pm

1 Answer from Attorneys
TC Langford Langford Law Office

Since you are negotiating the terms of the divorce, you should have an attorney representing you. There are numerous facts missing here, but generally anything purchased during the course of the marriage is marital (community) property, and you are still married. Often, however, judges are not impressed with a claim to property purchased after separation with funds outside of the joint property of the parties. (Even though all income earned during the separation is still marital income).

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Answered on 7/30/12, 3:17 pm


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