Asked in Banking and Divorce for Texas

Q: is There any type of legal document or court order to make my wife or Chase Bank transfer house money to my account

My wife and I recently sold our FW house. Because of my credit, my name was not on house purchase. Tax’s, anything. When we sold realtor had me sign and initial all selling paperwork, knowing I wasn’t even list on home.

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2 Lawyer Answers
Rahlita D. Thornton
PREMIUM
Rahlita D. Thornton
Answered
  • Houston, TX
  • Licensed in Texas

A: I’ll assume the home was purchased after marriage. In that case it is community property regardless of whether your name is on the loan. If you are now pursuing a divorce you can ask that these funds not be used until everything is sorted out. Let us know if you need our help. 888/343-4529 or 888/3434LAW.

Victoria Collins agrees with this answer

Victoria Collins
Victoria Collins
Answered
  • Fort Worth, TX
  • Licensed in Texas

A: I agree with Ms. Thornton’s answer. Whether or not your name is on the mortgage is irrelevant. What matters is whether the house was purchased before marriage or during the marriage. If it was purchased during the marriage, the house is presumed community property. I recommend consultation with a family lawyer.

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