Fayetteville, AR asked in Divorce, Family Law and Real Estate Law for Texas

Q: My husband (we are currently separated (still married), I know Ft Worth, Texas is a community property State.

The tax bills are in his name. He says that I don't own any part of the three lots in Benbrook, Texas because they show him as "owner". I told him that Texas is a community property State. He doesn't believe that I have a part of the ownership.

2 Lawyer Answers
Jon R. Boyd
Jon R. Boyd
PREMIUM
Answered
  • Fort Worth, TX
  • Licensed in Texas

A: Texas is a community property state, but if you didn’t marry by marriage license, you will have to prove you are common law married.

You may qualify but it is an intensely fact dependent determination. Call me tomorrow at 817-338-4500 if you would like to meet with me me to analyze your case.

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

A: If you were married at time of purchase of the real property you are correct that it is community property. However, the court can divide the property as what it seems to be a just and fair division.

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