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  1. #1
    Join Date
    Oct 2013
    Posts
    3

    Default Separate Property Contributions During Marriage

    My question involves a marriage in the state of: Texas.

    My husband of three and a half years has decided he wants a divorce. During the course of the marriage I transfered from my bank account to his the majority of my paychecks to pay the bills and living expenses etc. The house, truck, boat and travel trailer are all his seperate property owned prior to our marriage. Although the truck was paid off during the marriage. We also own a car (in his name) purchased during the marriage that was put in the shop for repairs. We had money in savings to fix the car until he needed to bail his adult child out of trouble. When I agreed to use part of the money to bail out his adult child I didnt know that we would be ending the marriage. He now wants me to help pay for the balance of the car repairs. I had just 2 days before he ended things, transfered him my paycheck to him which he used on his audlt child. I now have no car no money and have to depend on my family for a place to stay and get to work. I do have documented proof of all transfers made.

    My questions are am I entitled to anything from my contributions to his property while we where married? Or was I just paying for the use of them while I was there? Second am I responsible for the car repairs to "my" car? I had a working vehicle when I entered into the relationship.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Separate Property Contributions During Marriage

    You have a potential claim based upon your contributions. You should discuss with your divorce lawyer how you might substantiate contribution to payments, maintenance, and the like that would allow you to claim that certain premarital property, or property purchased in his name after the marriage, has merged with or is in fact part of the marital estate.

  3. #3
    Join Date
    Sep 2013
    Posts
    833

    Default Re: Separate Property Contributions During Marriage

    I do not think there is a merger of titled assets because community property is used for their maintenance. There could be some right of reimbursement to the community for principal paid on the assets.
    Sec. 3.402. CLAIM FOR REIMBURSEMENT; OFFSETS. (a) For purposes of this subchapter, a claim for reimbursement includes:
    (1) payment by one marital estate of the unsecured liabilities of another marital estate;
    (2) inadequate compensation for the time, toil, talent, and effort of a spouse by a business entity under the control and direction of that spouse;

    (3) the reduction of the principal amount of a debt secured by a lien on property owned before marriage, to the extent the debt existed at the time of marriage;
    (4) the reduction of the principal amount of a debt secured by a lien on property received by a spouse by gift, devise, or descent during a marriage, to the extent the debt existed at the time the property was received;
    (5) the reduction of the principal amount of that part of a debt, including a home equity loan:
    (A) incurred during a marriage;
    (B) secured by a lien on property; and
    (C) incurred for the acquisition of, or for capital improvements to, property;
    (6) the reduction of the principal amount of that part of a debt:
    (A) incurred during a marriage;
    (B) secured by a lien on property owned by a spouse;
    (C) for which the creditor agreed to look for repayment solely to the separate marital estate of the spouse on whose property the lien attached; and
    (D) incurred for the acquisition of, or for capital improvements to, property;
    (7) the refinancing of the principal amount described by Subdivisions (3)-(6), to the extent the refinancing reduces that principal amount in a manner described by the applicable subdivision;
    (8) capital improvements to property other than by incurring debt; and
    (9) the reduction by the community property estate of an unsecured debt incurred by the separate estate of one of the spouses.
    (b) The court shall resolve a claim for reimbursement by using equitable principles, including the principle that claims for reimbursement may be offset against each other if the court determines it to be appropriate.
    (c) Benefits for the use and enjoyment of property may be offset against a claim for reimbursement for expenditures to benefit a marital estate, except that the separate estate of a spouse may not claim an offset for use and enjoyment of a primary or secondary residence owned wholly or partly by the separate estate against contributions made by the community estate to the separate estate.
    (d) Reimbursement for funds expended by a marital estate for improvements to another marital estate shall be measured by the enhancement in value to the benefited marital estate.
    (e) The party seeking an offset to a claim for reimbursement has the burden of proof with respect to the offset.

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