Legal Question in Real Estate Law in Texas
Property purchased.; title held in joint ownership
Cash dispursements from sale of property owned by my mother were used to purchase home in another city in same state, but under mine & husband's name, allowing her to continue to live there. She pays us monthly for the mortgage amnt., then we pay mortgage co. Now husband & I are divorcing. He wants part of the equity in home that basically my mother has put all her money into... only we put home in our name in order to receive tax benefits. We pay difference between mortgage amnt and her payment ($100.00/mo). Is husband entitled to 1/2 of the equity in this home? If mother gifted me these funds would that make any difference?
He is also claiming 1/2 ownership of inheritance funds from my father's passing.
1 Answer from Attorneys
Re: Property purchased.; title held in joint ownership
Greedy soon to be ex. Your inheritances are seperate property unless you agree to make them community property. The house may be community property and if so you husband would be entitled to the equity growth. You could trace the funds and perhaps demonstrate you have a seperate property interest in addition to your community interest. Larry Maun 713.266.2560