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Questions Answered by Eric James Smith
1 Answer | Asked in Divorce for Texas on
Q: We bought a house in my wife name 8 months before we got married, I pay the mortgage am I entitled to it in a divorce?

We have been married for 10 years and I pay the mortgage.

Eric James Smith
Eric James Smith
answered on Mar 11, 2020

Under Texas law, inception of title doctrine says that the home is your wife's separate property. Your income during marriage, however, is community property. So the community estate might have a claim for economic contribution to your wife's separate estate, but most courts recognise... View More

5 Answers | Asked in Estate Planning, Real Estate Law and Probate for Texas on
Q: Does a deed need to be in parent's name in order to be considered an heir to property?

Parent died and spouse still living but the house deed was never put in his name.

Eric James Smith
Eric James Smith
answered on Oct 3, 2019

The name on Title / deed does not affect the community or separate character of the property. If the property was acquired during marriage there is a rebuttable presumption that the property is community property, regardless of whether the spouse is on the title, and that surviving spouse would... View More

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4 Answers | Asked in Estate Planning for Texas on
Q: Does real estate owned by a testamentary trust fall under ‘community property’?
Eric James Smith
Eric James Smith
answered on Sep 18, 2019

A property is not owned by a trust. A trust is an agreement, not a person or entity. Property is owned in trust, by the trustee(s) for the benefit of the beneficiaries. Testamentary trusts spring at the death of a testator and are defined in the testator's will. You have not said what role, if... View More

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