Q: If I signed an Texas Designation of Homestead Affidavit do I have any rights to the home, even if purchased before marriage?
I also signed the refinance docs as well, but I do not know if we got any cash back. I have never had any access to our accounts so I can't look at past transactions until the discovery comes back. I am being kicked out of the house by my soon-to-be ex because our divorce, and I want to know if I should look into the Homestead Documents I signed.
A: Texas is an inception of title state. The house should be your separate property if it was bought before the marriage, however, you spouse might have a right of reimbursement as to payments, taxes, insurance, and maintenance made with community funds during the marriage. Nothing is black and white and your divorce attorney should be able to walk you through it. The homestead documents relate to your tax rate and have nothing to do with this issue.
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