Austin, TX asked in Family Law and Divorce for Texas

Q: my husband owned a home prior to our marriage. after we were married he refinanced it in both our our names.

he has been making all of the payments on the house out of his personal account. Recently he refinanced the house put it in his name ( kept me on the tittle) took cash out and bought a boat. in a divorce in texas is the boat legally half mine?

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1 Lawyer Answer

Robert W. Leonard Jr.

Answered
  • Fort Worth, TX
  • Licensed in Texas

A: In Texas, everything earned during the marriage by each party is considered to be community property unless it can be shown otherwise. If he purchased the boat with community funds, it is presumed to be community property. Having an account in his name does not mean the account is his money. The funds belong to the community unless he can show otherwise.

If he purchased the home before the marriage, the home is separate property. You may be entitled to a claim for reimbursement, though. You need a good local family law attorney to represent you in this matter.

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