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  1. #1
    Join Date
    Sep 2011
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    Default What is Separate Property or Joint Property in a Divorce

    My question involves a marriage in the state of: Texas

    Hi I am currently going through a divorce in Texas. Two months before we got married we bought a house together. I had a house I owned with my 1st husband who was deceased. We both put 8,000.00 down on the house and I was put on the deed of trust along with my now husband. We did not want the house purchase to be contingent on selling my house, so he got the loan in his name. We married 2 months later and refinanced the house jointly 2 times during our marriage. We were married for 4 years and separated for 20 months...I have solely been paying the mortgage during those 20 months. My husband is claiming this is his separate property and I have no claim to it. Is it the title of inception or the loan that determines the character. We both purchased this house with the intention of it being community property...we both insisted that I be on the deed to protect me. I am now told I have no claim to this property because it is his separate. In addition to the 8,000.00 I paid at closing and 20,000.00 I have paid down on principal since separation and the additional 15,000.00 in taxes they say I have no equity since with the exception of the 8,000.00 down payment all has been paid were paid with "community funds" since we are still married. My husband does not want the house but says I have to pay him full price for the house since I have no equity....Please help, I am an accountant and I have determined I have put 50,000.00 into the house and he has put aprox 20,000.00 into it. My main question is is it the deed of trust or the loan that started the character of our house
    Thank you...

  2. #2
    Join Date
    Sep 2005
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    Default Re: What is Separate Property or Joint Property in a Divorce

    Quote Quoting kgc8869
    View Post
    I am now told I have no claim to this property because it is his separate.
    You were told this by whom? Your lawyer? Your husband? The village idiot? It sounds like you're listening to everybody but your lawyer.

    Texas respects separate property, Family Code Sec. 3.001, but presumes that assets are marital unless a spouse claiming them to be separate establishes otherwise. From what you've told us there was never any intent that the marital home be separate property, even though you for some reason decided not to put your name on the title when it was purchased, you contributed to the purchase, upkeep, mortgage, etc. - there's certainly been no segregation of funds or resources in relation to the supposedly "separately owned" home that would suggest that your husband believed it to be, treated it as or managed it as his own separate property. It seems to me that your lawyer has quite a bit to work with.

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